Campus Sex Crimes FAQ

I work hard to protect your rights.

Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience

Get Help Now
Criminal Defense Attorney Tampa - Mike G Law

University campuses can seem like their own special environments. And to some extent, that depiction is pretty accurate. They’re like microcosms of society where students learn more about themselves and the world at large, and many even have their own private police forces and rules for handling certain criminal complaints. While this can help make students feel safer in some cases, in others, it can be detrimental and even dangerous when it comes to protecting a student’s rights.

To help you better understand university sex crimes, here are some frequently asked questions on the subject and their answers.

What Constitutes a Campus Sex Crime?

A sex crime such as rape or sexual battery that involves two or more students is considered a campus sex crime. These crimes generally occur on campus and may be handled by a university police force and an internal disciplinary system. In some cases, the crime may occur off campus but be reported to and investigated by campus police.

Common Campus Sex Crimes

Lewd & Lascivious Behavior

Whether it’s peeing on the side of a building after drinking too much at a frat party, streaking through the commons, or mooning passersby, lewd and lascivious behavior almost seems par for the course in college. These activities, however, are now seen as more problematic than they once were, and current college students are paying the price. Making a poor choice can land an undergrad in a heap of trouble, even if they aren’t aware that it’s a crime.

Dating Violence

Covered in Section 784.046 of the Florida Statutes, dating violence is defined as occurring between two romantically involved parties or two parties who had previously been romantically or intimately involved. Dating violence includes the making of threats or stalking, unwanted touching or forced sexual interactions, and physical violence such as hitting, pushing, choking, etc.

Sexual Battery

Sexual battery is more commonly known as rape. It can be a part of dating violence, though it is its own separate crime.

Sexual battery includes nonconsensual intercourse and is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” (FL statute 794.011).

Both of these types of charges can have lifelong consequences for those accused of them. In addition to being kicked out of school, the accused may receive a prison sentence depending on the severity of the allegations.

What if Both Parties Are Drunk?

Consent requires positive affirmation of a desire to engage in sexual activity and can be retracted at any time. However, if the supposed consenting party is under the influence of drugs or alcohol, their ability to consent may be called into question. But what happens if two people meet at a party and they’re both drunk? If one party claims rape the next day, can the other person be held responsible even though they were under the influence too?

With the current client, it is almost certain that the alleged aggravating party would be held responsible for their actions despite their inebriation. While an alleged victim is believed to be unable to consent when drunk, an alleged instigator is not given the same benefit.

What is the Campus Sex Crimes Prevention Act?

The CSCPA, which became law on October 28th, 2000, requires that sex offenders who want to enroll at a college or university provide notice. In addition, the CSCPA sets forth reporting guidelines for institutions of higher learning. To be in compliance, colleges and universities must share their crime statistics with the public, as well as information regarding sex offender enrollment.

If you are found guilty of a sex crime and required to register as a sex offender or sex predator, you will need to inform any school you choose to enroll at in order to be in compliance with the law. This can be burdensome and make it harder for individuals who have made a past mistake to work towards a better future. The goal is to protect currently enrolled individuals; however, it adversely impacts those who have already paid their debt to society.

Who Handles Campus Sex Crimes?

Many universities have their own private police forces and processes for dealing with alleged crimes. Others rely on local law enforcement. While universities are being called to report more campus crime to local authorities, there’s still a disconnect between who handles what and under what circumstances. This means that while some accused individuals must go through internal disciplinary hearings, others must manage within the traditional judicial system.

Regardless of where a case is being “tried,” it is critical that any accused party have legal representation. This helps ensure the process maintains its fairness and that the accused is able to adequately defend themselves.

Ultimately, there is a lot of pressure on colleges to handle sex crimes expeditiously, and this can be detrimental to the accused. There’s a prioritization of the rights of the victim, and often, vilification of the accused. This can lead to the rights of the accused being tossed out of the window. Don’t let this happen to you!

What Should I Do if I’m Charged with a Campus Sex Crime?

If you are under investigation for a campus sex crime or if you have been charged with a campus sex crime, it is crucial that you seek legal representation. These types of allegations are exceedingly serious and can have far-reaching, life-long consequences. They can make it difficult to finish your degree or seek financial aid, can impact your job prospects in the future, and can otherwise derail the course of your life.

How a Campus Sex Crimes Attorney Can Help You

Don’t let an allegation throw your life off track.

If you’ve been charged with a campus sex crime, make sure your rights are protected. Even if you must go through a university trial or arbitration program, it’s crucial that you seek legal advice. Don’t let others make an example of you— call Mike G today and protect your future.

Let Mike G Help Protect Your Rights

The decisions you make after you have been arrested can determine the outcome of your case — and possibly your life. Call Mike G Law at 813-221-4303, or contact me online.

Contact Mike G Now

* Complete all required fields

  • This field is for validation purposes and should be left unchanged.
Rating Star Rating Star Rating Star Rating Star Rating Star

I would do more than 5 stars if it was available. Mr. Gonzalez was outstanding. Told everything how it was, very responsive to call and email. Fought very hard to get my husband the outcome he received. If We were to ever need a attorney in Florida again, We would use him as many times as We needed. We highly recommend to anyone looking for an awesome attorney to go with Mike G Law!!! He gets to the point!!!

Ashley F.
Rating Star Rating Star Rating Star Rating Star Rating Star

I cannot recommend Mr Gonzalez enough. He is extremely professional as is his entire firm. Mr Gonzalez has been very knowledgeable and forthcoming throughout the entire legal process. I highly recommend him and a definite five star!

Bonnie B.
Rating Star Rating Star Rating Star Rating Star Rating Star

Mike G. is a great attorney. Very professional, very punctual, easy to talk to. Thanks to him my case was dismissed charges dropped.

Eric G.
Rating Star Rating Star Rating Star Rating Star Rating Star

I was able to text or call Mike anytime I needed to. He worked with me, on a real level and communicated realistic expectations for my situation. Thanks again guys.

Nicole S.
Rating Star Rating Star Rating Star Rating Star Rating Star

I wish I could give Mr. González 10 stars out of 5. He is a stellar and highly competent criminal justice attorney. Mr. González has effectively given me a second chance at life thanks to his deep and professional knowledge of criminal law. I was facing a very serious crime that carried a considerable period of imprisonment. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual’s values, I can now rest easy knowing that I will not have to suffer through the penal system. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. I owe you a tremendous debt for your services. He gave me back my life and I will always be grateful. Thank you Mr. Gonzalez!

Shaler B.
Rating Star Rating Star Rating Star Rating Star Rating Star

Mike took care of my legal and civil case and was very helpful and Professional. He was responsive to all my questions and gave me updates as I asked for them. He helped get me in a position to see my son again which I am extremely grateful for. Thank you and God bless!

William W.

Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience

Let us help protect your rights.

Contact Us Now