Sex Crimes

Published on: November 17, 2014

Overall Crime Rate Down Across the State of Florida

by Whittel & Melton, LLC

Our criminal defense lawyers at Whittel & Melton are very pleased to announce that, according to Governor Rick Scott, Florida is on a path to a 44-year crime low.

The actual number of crimes across the Sunshine State is showing that crime rate is steadily on the decline.

The Florida Department of Law Enforcement has released its numbers for the first half of 2014, which shows there were more than 8,000 fewer crimes committed in the first six months of this year than in that same time period in 2013.

However, while the number of non-violent crimes is down, including robbery, burglary and stalking, the number of murders, forcible sex offenses, aggravated assaults and domestic violence are all on the rise.

In Central Florida, most of the counties are in line with the overall report, seeing a drop in criminal activity across the board.

The biggest decline occurred in Flagler County, with crime dropping nearly 11 percent. Sumter County actually saw the biggest rise in crime, with an increase of 2.4 percent.

Published on: October 17, 2014

Teen Accused of Committing Lewd Act with Stuffed Animal Inside Walmart

by Whittel & Melton, LLC

Police arrested a 19-year-old man for allegedly using a stuffed animal to masturbate inside a Walmart on Tuesday.

According to Brooksville Police, the 19-year-old was caught on store cameras just before 3 p.m. acting suspiciously.

Reports indicate that the teen took a stuffed toy horse off the shelf and walked to the bedding department where police allege he then used the toy horse to masturbate.

The cameras apparently showed the teen place the toy back on the store shelf next to other items.

Police claim the teen ran from the store. He was arrested a short time later and charged with indecent exposure. He is being held on a $1,500 bond at the Hernando County Jail.

Police said they questioned the teen and that he admitted to the alleged act.

People have many different views about sex, sexuality and what is appropriate behavior in public. However, if you act in a way that someone else finds lascivious and offensive while in public, you could find yourself facing a sex crime charge of indecent exposure in Florida.

An action you intended as maybe a raunchy joke can easily escalate into a criminal sex charge pretty quickly. If you are convicted of a sexual offense, you will not only face possible jail time, fines and a criminal record, but you could be slapped with the label of being a registered sex offender.

Published on: October 2, 2014

Bunnell Man Receives 30 Years for Child Molestation

by Whittel & Melton, LLC

A Flagler County man who was previously convicted of lewd and lascivious molestation of a child was sentenced to 30 years in prison.

The 29-year-old man was previously convicted by a Flagler County jury on Aug. 20 after a two-day trial.

At trial, the man’s defense centered around the fact that he suffered from “sexsomnia” and committed the acts while asleep. According to the evidence from trial, the man had apparently touched the victim inappropriately on more than one occasion.

Jurors did not believe the man’s disorder of sexsomnia and returned a verdict of guilty.

Evidence from the prosecution claimed that the man sent out a postcard from the Flagler County jail that requested information about nations without extradition agreements with the U.S. and where marijuana is legal.

The prosecution used this evidence to argue about the man being a flight risk.

The judge imposed the 30-year sentence after hearing a letter written by the victim in the case and from several witnesses that testified on the man’s behalf.

Once the man is released from prison, he will be placed on sex-offender probation for the rest of his life. His probation requirements order him to have no contact with minors. A $15,000 statutory fine was also imposed. In addition, the man will be classified as a sexual predator.

Sexsomnia, similar to sleepwalking, is a condition that is not very well understood, however scientific evidence does prove that it exists. In fact, this is not the first case that has used sexsomnia as a defense. It has been used in similar cases and has resulted in acquittals. Sexsomia is classified as a rare type of sleep disorder that essentially entails a person acting out sexually while sleeping. Episodes of sexsomnia occur during a deep sleep, so a person experiencing this disorder may not even be able to recall anything that happened after he he or she wakes up.

Unfortunately, when people are charged with sex crimes, especially when children are involved, the public usually instantly assumes that they are guilty. However, those who are charged with sex crimes, or any crime for that matter, are presumed innocent until proven guilty beyond a reasonable doubt.

While a rare defense, this not the first case where sexsomnia has been brought up as a defense. This case just goes to show that allegations of child molestation and other sex crimes are a lot more complex than they seem on the surface.

Published on: September 26, 2014

Clay County Man Pleads Guilty to Receiving Child Porn

by Whittel & Melton, LLC

A Clay County man plead guilty to receiving child pornography over the Internet Tuesday.

Officials claim that through investigations, agents with the Florida Department of Law Enforcement found a host computer that held images of child porn using a peer-to-peer file sharing program. The agent downloaded files from the host computer, and linked the subscriber information back to the 45-year-old man.

Officer’s obtained a search warrant for the man’s home and allegedly seized several computers and other electronic media that were later found to contain at least 18 images of child pornography and at least 20 videos depicting minors engaging in sexually explicit conduct.

The man apparently acknowledged during an interview with police that he had been receiving child porn for about two years.

The man faces a mandatory minimum of five years and up to 20 years in federal prison and a potential life term of supervision.

Child pornography is any photograph, film, video or computer generated image that displays a minor in a sexual situation. Both the federal government and the state have criminalized the production, distribution and possession of any form of child pornography. Due to the nature of these crimes, the media and public express much disdain when it comes to these offenses. Prosecutors, judges and juries also find these crimes quite heinous, and the consequences of a conviction can result in severe penalties. In fact, it is common to be slapped with a five year mandatory minimum sentence behind bars for receiving or possessing even just one child pornography image. However, most investigations into child porn uncover numerous images, which can enhance a sentencing guideline of more than ten years in prison.

State or federal authorities can prosecute cases involving child pornography, however, the majority of cases involving child porn in recent years have been prosecuted in federal courts, which usually impose sentencing guidelines that are much harsher than state courts. Due to the seriousness of these crimes, it is vital to retain a criminal defense lawyer immediately so that your rights can be protected and a solid defense can be established.

Published on: September 25, 2014

Lakeland Teacher Accused of Sexually Assaulting Student

by Whittel & Melton, LLC

A Lakeland middle school teacher was arrested at his Winter Haven home Tuesday for allegedly sexually assaulting a 14-year-old student.

The 28-year-old man is a media teacher at Southwest Middle School in Lakeland.

Police claim he forced himself on the girl while he supervised her community service at the school this summer.

Investigators allege that the student was afraid to tell anyone what happened, but she told a therapist who then told her parents. Her parents are the ones who contacted police.

According to reports, police believe the man texted the girl, gave her e-cigarettes, lingerie and small bottles of alcohol.

Investigators claim they found physical evidence at the man’s home to back up the girl’s story – an alleged receipt for the returned lingerie.

According to LPD, the man confessed to having sex with the student. He is being held at the Polk County jail without bond.

Polk County’s school superintendent said the man has been suspended without pay and she is recommending to the school board that he be fired.

According to the school district, the man was hired on Oct. 25, 2010, and has had no prior discipline or investigations, according to his personnel file.

Sexual assault cases are quite serious, and the potential penalties for these sex crimes are even more serious if committed by a person in authority, like a teacher. That state of Florida does not take these charges lightly. With that said, sometimes prosecutors and law enforcement are a bit overzealous when it comes to sex crimes cases, which makes wrongful convictions and wrongly escalated charges very possible. In certain situations, false allegations can put well-respected teachers or administrators behind bars for behaviors or actions they did not actually commit. Working with a Polk County Sex Crimes Lawyer at Whittel & Melton can help make sure that you do not end up serving an unnecessary sentence. Sex crimes have grave penalties including prison time, substantial fines and sex offender registration, so it is in your best interest to work with a sex crimes defense attorney as soon as you learn you are the target of a sexual assault investigation.

Published on: September 16, 2014

Manatee Man Arrested for Allegedly Attempting to Have Sex with Kids through Craigslist

by Whittel & Melton, LLC

Federal authorities arrested a 67-year-old Manatee County man they allege used Craigslist to try to set arrange a sexual encounter with a 10-year-old girl.

According to the Department of Justice, an FBI special agent found an advertisement in the “all personals” section of Craigslist referring to a single white male seeking a “family dynamic.”

Authorities claim that last week, the accused engaged in email communications with the undercover agent posing as the father of a 10-year-old girl and 13-year-old boy. During the online communications, the man allegedly told the undercover agent that he wanted to engage in sexual conduct with the minors.

According to authorities, the man traveled to Altamonte Springs on Thursday, where he had arranged to meet the father of the minors for the purpose of engaging in illicit sexual conduct. He was taken into custody upon his arrival at the location.

The Justice Department claims the man admitted to going to Altamonte Springs to explore the possibility of having sex with a 10-year-old girl. Investigators claim the man also shared that he has been involved in a bondage, dominance, sado masochistic lifestyle for about 10 years.

He is charged with attempting to persuade, induce, and entice a minor to engage in illicit sexual conduct. He faces 10 years to life in prison.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to put an end to the growing epidemic of child sexual exploitation and abuse. The case will be prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

Sexual offenses, especially those involving minors, tend to elicit much public outrage and condemnation than any other type of crime. Those that are accused of these crimes are made out to appear like they lead double lives and and should be stripped of their basic constitutional freedoms. Due to the intense stigma attached to sex crimes, it is not uncommon for people to falsely accuse a family member, neighbor, teacher or anyone else they do not like of committing a sexually motivated crime. Even worse, prosecutors have been known to rely on false testimony and statements in order to obtain a conviction. Even if the allegations are eventually proved false, the results can still be devastating for the accused.

When it comes to sex crimes, law enforcement and prosecutors will try and do everything in their power to persuade you to confess to the crime in question. Understand that pleading guilty can result in a lengthy prison sentence as well as lifetime registration as a sexual offender. These cases require a sex crimes defense lawyer who can look for holes in the prosecution’s case and fight aggressively for you.

Published on: September 11, 2014

19-Year-Old Man Accused of Raping 5-Year-Old Girl in Inverness

by Whittel & Melton, LLC

A 19-year-old man with a self-described meth problem was arrested Monday and charged with raping a 5-year-old girl.

The child is apparently the daughter of a woman with whom he is acquainted.

Investigators claim the man, who is described as a homeless man with ties to Citrus County, admitted to raping the child while her mother slept on a couch in her Inverness home. According to detectives, the man said he has serious problems with drugs and that he tried to first have sex with the girl’s mother, but she would not wake up.

A relative of the girl’s mother who also lives at the residence reported the crime to authorities.

According to the arrest affidavit, the relative said she returned home last Saturday and found the man sweating and nervous. She claims the girl looked pale and scared. The relative said the man denied that anything had gone on, but the child later told her that the man had taken her to a bed and raped her.

The man was arrested in Hernando on Monday and taken to the Citrus County Jail. He was charged with sexual battery on a child under 12.

Sexual battery is considered to be one of the world’s worst crimes. Sex crimes involving young children are often considered more heinous than murder. Prosecutors despise sexual battery cases, which is why they prosecute sex crimes so aggressively. Unfortunately, this leads to many false convictions, enhanced sentences and ruined lives for those that are falsely accused or who receive harsher sentences than they deserve.

If you have been accused of a sex crime, it is very important to contact a Citrus County Criminal Defense Lawyer at Whittel & Melton immediately. Even if you have not been formally charged, you still need the help of an attorney right away. Sex crime cases can sometimes bypass criminal prosecution and be settled out of court. Even if law enforcement is already involved, we may be able reach an agreement that works in the best interest of both parties. In order to have the highest chance at receiving a successful outcome for your particular situation, it is best to act fast before things spiral out of control.

Published on: September 8, 2014

Hernando Man Accused of Luring Teen Girl to Hotel for Sex

by Whittel & Melton, LLC

Deputies allege that a San Antonio man arranged to meet what he thought was a 13-year-old girl at a Brooksville hotel for sex.

The 61-year-old man was arrested Wednesday on charges of attempted lewd and lascivious behavior, traveling to meet/seduce a minor and using a computer to solicit a minor.

The man had been engaged in long-term computer chats with a person he believed to be a 13-year-old girl, according to the Hernando County Sheriff’s Office. At some point during the course of the conversations, deputies claim the man asked to meet the girl.

The two allegedly arranged to meet at the Holiday Inn Express on Cortez Boulevard, deputies said. The man apparently unknowingly told undercover officials that he would meet the girl at 2 p.m. and described the vehicle he would be driving.

The man was arrested after arriving at the hotel. He is being held in the Hernando County Detention Center on $17,000 bond.

In the state of Florida, it is illegal to use the Internet to make plans to travel to a designated location to engage in sexual activity with anyone under the age of 18. Police are known for conducting Internet sting operations where they set up fake chat rooms or send out fabricated messages of a solicitous nature, usually where they act like a minor in order to lure unsuspecting individuals into making arrangements to meet somewhere for the purpose of engaging in sexual activity.

Published on: August 22, 2014

Plant City Church Youth Volunteer Accused of Possessing Child Porn

by Whittel & Melton, LLC

A Plant City youth group volunteer is facing child pornography charges.

Polk deputies arrested the 28-year-old man at his Lakeland home.

According to the sheriff’s office, members at the church came forward after they found explicit images on a shared computer and became concerned.

Published on: August 13, 2014

ACLU Leader Asks for Federal Review of Polk County Sex Stings

by Whittel & Melton, LLC

The local chair of American Civil Liberties Union is calling for a federal review of Central Florida’s Internet Crimes Against Children task force.

Ret. Army Col. Mike Pheneger, the chair of the Greater Tampa Chapter of the ACLU, said there are many problems with these “To Catch a Predator”-style undercover stings, which are extremely popular in West/Central Florida.

Pheneger, who has also held ACLU leadership positions at the state and national level, said this: “The Justice Department (should) be asked to look into this, since this is federal money that’s involved here. Find out if they are following the rules, because it would appear they are not.”

The Central Florida ICAC task force, under the authority of Polk County Sheriff Grady Judd, started reaching out to men who were simply posting perfectly legal ads on legitimate dating websites. A handful of judges have even criticized officers’ overreach, their “failing to follow procedures” during undercover operations, as well as methods used to nettle “a law-abiding citizen to commit a crime.”

According to a 10 Investigates analysis, out of more than 1,200 Florida arrests since 2008, many of the subjects of the stings often had no previous criminal record and were able to avoid jail time. In fact, many prosecutors have shown leniency, based on the facts of the case and the likelihood the accused might actually commit a crime on a real child.

“It’s important to put actual sex offenders in jail,” Pheneger added. “Law enforcement should be going after those people, not trying to entice people who have shown no disposition to any kind of criminal behavior toward children.”

Many local agencies, such as the Hillsborough County Sheriff’s Office and the Pasco County Sheriff’s Office, do not take part in these sting operations. Rather, they focus their efforts on more immediate dangers in the cyber crime realm, such as child porn and sex trafficking.

ICAC guidelines, which were obtained by 10 Investigates through court records, demonstrate that these online undercover stings, which usually don’t involve real children or victims, are not even specified in the list of priorities agencies are supposed to use to target suspected predators. Here are the regulations:

A child is at immediate risk of victimization.
A child is vulnerable to victimization by a known offender.
A known suspect is aggressively soliciting a child(ren).
Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children.
Aggressive, high-volume child pornography manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images.
Manufacturers, distributors, or solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy.
Distributors, solicitors and possessors of images of child pornography.
Any other form of child victimization.

ICAC guidelines also mandate that law enforcement must uncover whether there is reasonable cause to investigate every possible suspect. However, according to 10 News, Judd said he would not turn over public records on the sting because every single person his task force came in contact with, even those who showed zero interest in the underage decoys, was still “under investigation.”

Pheneger said it would be a clear violation of civil liberties if Judd was investigating men who exhibited no signs of breaking the law as there is no “reasonable cause” for them to be investigated.

There has been much disappointment expressed over the fact that Judd told 10 Investigates just last week that he had no remorse about holding a press conference to call men “sexual predators” who had been cleared of wrongdoing.

Judd, as well as other local law enforcement agencies, stand to lose millions of dollars in federal grants if there are ICAC violations.

It will be interesting to see if there are any ICAC violations stemming from these online sex stings and if so, what the consequences will be.

Unfortunately, being the target of an undercover sex crimes investigation can be humiliating and problematic for your work, social and personal life. The mere accusation of being a sexual predator can create a very negative situation for you and those close to you.

Charges resulting from Internet sex stings can start in state court and possibly move to federal court. A Polk County Criminal Defense Lawyer at Whittel & Melton is equipped to handle both state and federal charges, which is very important because if you are facing federal charges, the consequences are much harsher, including mandatory-minimum prison terms.