Stephen G. Cobb - Florida Criminal Defense Lawyer

Category: Sexual Offenses

An Overview Of Florida’s Sexual Battery Law

Under Florida law, it is a crime to engage in sexual battery, or other sex-related crimes such as indecent assault, rape, or sodomy. You can be convicted of sexual battery if you participate in vaginal, oral, or anal physical penetration or union (a fancy way of saying just touching) with the sexual organ of someone without their consent, or if you engage in vaginal or anal penetration of someone with an object without that person’s consent.  Sexual battery is a felony, but the level of felony is dependent on the facts and circumstances of your case.  The penalties for a… Read More

Child Complainants Are Unreliable Witnesses in Destin Molestation Cases

In child molestation cases, the only eyewitness to the alleged sexual assault is oftentimes the child. While scientific studies and research performed by law enforcement agencies show that children intend, for the most part, to be honest when testifying, there are numerous glaring issues with child testimony in Destin molestation cases that call their entire report of assault under question. The Effect of Brain Development on Ability to Testify Accurately The brain is constantly evolving, changing, and growing in minors. Medical researchers have determined that children begin forming memories around 15 months old. The hippocampus and prefrontal cortex are responsible… Read More

Statutory Rape: When Consensual Sex Becomes Illegal in Destin

When people think of the word “rape,” they assume it only applies to situations in which an individual is forced into a sexual act against his or her will. However, the state of Florida also criminalizes other sexual acts that do not involve a lack of consent. Did you know that you can be arrested and convicted of rape for having consensual intercourse with someone you with whom are in a loving, committed relationship? Statutory Rape Statutory rape is not rape in the typical sense. It involves consensual sex between two voluntary and willing individuals. However, one of the individuals… Read More

Panhandle Prosecutors Intent On Securing Conviction For Twice-Released Alleged Sex Offender

In a previous post, I discussed how the Double Jeopardy Clause of the Fifth Amendment bars a Destin prosecutor from twice prosecuting a defendant for the same crime. As a recap, this clause forbids four different situations: (1) prosecuting a defendant for the same offense after an acquittal, (2) prosecuting a defendant for the same offense after a conviction for that offense, (3) prosecuting a defendant for the same offense after a specific type of mistrial, or (4) penalizing a defendant multiple times for the same offense. Local Man Immediately Charged Before He Can Be Released Following an Acquittal In… Read More

Fort Walton Beach Sexual Battery Allegations Are Notoriously Flawed

Despite its sunny and beautiful locale in Florida, Fort Walton Beach is home to one of the fastest rising crime rates in the nation, according to the FBI’s Uniform Crime Report. Over the past few years, crimes rates have soared, and violent crimes have risen by a whopping 40%. One of the more commonly occurring violent offenses is sexual battery. Though complaints of rape and sexual assault are common in Fort Walton Beach, research and real-life examples have shown that rape complainants are notoriously unreliable when both describing and identifying their rapists. Ronald Cotton In one of the most famous… Read More

Fort Walton Beach Criminal Defense Attorney Explains Sexual Battery

Sexual battery is a felony sex offense in the state of Florida. Sexual battery is rigorously investigated, vigorously prosecuted, and aggressively punished by the Fort Walton Beach police, Assistant State Attorney’s Office, and local judges. More commonly referred to as rape, Florida Statute 794.011 defines sexual battery 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” that occurs without legally recognized consent. While many people are aware of the popular “No means no” campaign and understand that rape occurs when an individual… Read More

Criminal Defense Attorney Discusses Jared Fogle’s Child Pornography Case

Jared Fogle, known around the world as “the Subway Guy,” was once interviewed by a local newspaper about how he had lost significant amounts of weight by eating only Subway sandwiches, which are purportedly a low-calorie and healthy alternative to fast food. Subway learned of his story and invited him to do an advertising campaign for the food chain. The advertisement worked so well that he became the official mascot for the brand, appearing in countless commercials over the years. In each commercial, he held up his old 62-inch jeans to his body to demonstrate how Subway had helped him… Read More

Double Jeopardy Issues In Destin Molestation Cases

According to Florida Statute 794.011, sexual battery occurs when an individual uses a sexual organ or other object to orally, anally, or vaginally penetrate a complainant who either did not consent to the act or was unable to consent. However, lewd or lascivious offenses, defined in Florida Statute 800.04, involve sexual contact with minors under the age of 16. They involve battery, molestation, touching, and/or exhibition.  Penetration is not required. Often times, activity that constitutes lewd or lascivious conduct also qualifies as sexual battery. Overzealous Destin Assistant State Attorneys commonly charge both lewd or lascivious conduct and sexual battery when… Read More

Attorney Analyzes Traveling to Meet a Minor on To Catch a Predator

In the state of Florida, it is illegal for an individual to travel to meet a minor for the purpose of engaging in sexual activity. Traveling to meet a minor became well-known in Florida when the To Catch a Predator television show arrived in the state to film individuals who allegedly intended to meet underage girls. According to the premise of the show, individuals from the show posed as an underage girl, hanging out in various chat rooms and engaging in dialogue with older men. These men would send sexually explicit messages and photos to the supposed child and would… Read More