If you have been charged with sexual misconduct in Florida, you might not think it’s that big a deal. After all, how could “misconduct” be as serious as something like rape or child pornography? However, not taking this charge seriously could be a big mistake that could impact your family and your future. As a sex offense, sexual misconduct carries penalties that could haunt you for many years to come.
Why Am I Being Charged With Sexual Misconduct?
Florida and most other states criminalize sexual conduct between a person in a position of power and someone who is subordinate to him. When there is an imbalance of power, the law assumes that the person in the inferior position is not capable of freely consenting to sexual activity and therefore the sexual relationship is forced or coerced, which is a crime. Examples of relationships with an imbalance of power include the following:
- Employer and employee
- Doctor and patient
- Correctional officer and inmate
- Caretaker and disabled adult
- Teacher and adult student
Even if you believed your sexual relationship to be consensual, you could be arrested for sexual misconduct if you get involved with a subordinate and he or she decides to press charges. If you try to convince the accuser to drop the charges, you could be digging yourself an even deeper hole.
Why You Should Take the Charge Seriously
A conviction of any type of sex crime, including sexual misconduct, can land you on the Florida sex offender registry. This list is available to the public, so there will be no way to keep your criminal history private. Being on the registry will restrict where you can live and will probably cost you your job.
A skilled defense attorney can build several possible defenses to a sexual misconduct charge, including offering proof of consent in order to reduce the charges and keep you off the sex offender registry.
Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?
If you've recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.