St. Petersburg Criminal Lawyer Blog
Sex crime convictions can devastate people’s lives. In order to convict a person of a sex crime, though, the State must produce evidence sufficient to establish each element of the charged offense. Notably, they must do so based on the statute at the time the alleged crime was committed, not when the trial is conducted, as discussed in a recent Florida sex crime case. If you are accused of a sex offense, it’s important to understand your rights, and it’s advisable to contact a St. Petersburg sex crime defense lawyer.
Factual Background and Procedural Setting
It is alleged that the State charged the defendant with sexual battery on a victim under 12 years of age. Testimony at trial revealed that the victim, who was nine and ten years old at the time, visited her sister’s apartment where the defendant lived. During these visits, the defendant inappropriately touched the victim multiple times. Initially, the victim could not remember if the defendant’s fingers went inside her, but after her memory was refreshed with her deposition, she confirmed that they did.
Reportedly, before closing arguments, the trial court and parties discussed the jury instructions. The State requested that the jury be instructed under the 2022 version of the sexual battery statute, which had expanded the definition of sexual battery to include penetration of the female genitals, not just the vaginal canal. The defendant objected to the use of these definitions, but the court overruled the objection. The jury convicted the defendant of both sexual battery and lewd or lascivious molestation, and he was sentenced to life imprisonment. He appealed.
Evidence Needed to Sustain Sex Crime Convictions
On appeal, the defendant argued that the trial court erred in instructing the jury based on the 2022 version of the statute, which was enacted after the alleged offense had occurred. The court noted that the defendant was charged with a crime that occurred between 2019 and 2020, during which time the statute defined sexual battery as the penetration of the vagina.
However, the trial court instructed the jury using the 2022 statute, which expanded the definition to include any female genital penetration. The court acknowledged that under well-established law, the statutes in effect at the time of the offense control both the offense and the punishment. Since the statutory change was substantive, it could not be applied retroactively without violating the Ex Post Facto Clause. The defendant had not objected at trial to the use of the amended statute, so the court reviewed the case for fundamental error.
The court found that the use of the 2022 statute constituted fundamental error. The State had presented evidence and argument that the defendant penetrated parts of the victim’s genitals other than the vaginal canal, which would have been sufficient to convict him under the 2022 statute. However, at the time of the alleged offense, the law required proof of vaginal penetration specifically.
The court found that the victim’s testimony was inconsistent, and at times she stated that the defendant’s fingers did not enter the vaginal canal. The court concluded that the use of the broader definition of sexual battery reduced the State’s burden of proof and allowed the jury to convict the defendant without establishing an essential element of the crime as it was defined at the time of the offense.
As a result, the court reversed the defendant’s conviction for sexual battery and remanded the case for a new trial on that charge.
Consult a Skillful St. Petersburg Criminal Defense Attorney
If you are charged with a sex crime, it is important to understand what evidence the State needs to obtain a guilty verdict, and you should consult an attorney promptly. The skillful St. Petersburg sex crime defense lawyers at Hanlon Law can inform you of your possible defenses and help you pursue the best legal outcome possible. You can contact Hanlon Law through our online form or by calling 727-897-5413 to arrange a conference.