He said….She said…Who to believe in campus sex crimes

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

IF you are a male college student and are sexually active, you are at risk of getting falsely accused of sexual battery (date rape).

Over the past few years I have defended several young falsely accused students. We live in dangerous times. In this the world of the Internet and with the many applications for cell phones, casual sex has exploded and surpassed even the most promiscuous days of the sixties. If you have a son in college, you need to have a serious talk about the dangers of being falsely accused by other coeds. It is easy for a girl the next day to try and justify a bad decision to have sex, blaming it on alcohol or drugs. Some of the school policies are out of touch with reality. It is true that date rape does exist but in my experience I have found that about half the time the accusations are false. This really puts stress on parents trying to protect their sons.
In the real world, many of the coeds are “sexting” sending very sexually explicit stills and videos of their bodies.

When it comes to alcohol and sex, there is a double standard. If a young women gets drunk and has sex she may claim that it was not consensual because she was impaired. They then try to blame the young man, claiming they were taken advantage of. The fact is, the young man may not have plied her with alcohol or done anything to encourage her to drink. I have had cases where both the young man and the young woman were both so drunk or stoned, neither one was really in control of their actions. So why blame the man? There is a double standard where the schools try to blame the man when the blame for a bad decision should be equally shared.

A false rape accusation can ruin a life forever.

The police routinely believe the woman, and I have had officers actually say that they presume the woman has been “victimized” until proven otherwise. They have no concept of the presumption of innocence. They start the investigation believing the woman is telling the truth and only look at the facts that support the false allegation. You cannot count on the police to conduct a fair investigation in date rape cases. There are many reasons a false charge can be made. Right at the top of the list is jealousy. Right below that is rejection. Hell hath no fury like a woman rejected. Anger ranks right up there in terms of causes. My job as a sex crime lawyer is to defend students falsely accused. Sometimes there is some truth to the accusation but incredibly mitigating circumstances. Nothing in life is really black and white when it comes to sex crime allegations.

Kids in high school are particularly at risk.

They are still young and make horrible decisions. I have handled cases where both of the kids are underage. Who then is the victim? Angry parents may report the “crime”, but the girl may be just as much at fault as the boy. It pays to have a criminal lawyer look at the facts. Never let your son make a statement without seeking legal advice first. Call me if you need to talk in Ft. Myers at 239 334 8890 or at my Sarasota office at 941 366 3506

Defending Women Charged with Sex Crimes

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

January 2017

It is rare, but women do get charged with having sex with minors. Often this occurs in a school setting between a teacher and a teenage boy. More and more the State is prosecuting these types of cases. A minor, legally cannot give consent, so various sex acts with minors are classified as sexual battery.

These crimes can result in a person becoming a registered sex offender for life and even worse result in long State prison sentences in the Florida Department of corrections.

The State can also charge the woman with a lewd and lascivious act with a person over 12 years of age.

There is somewhat of a double standard when it comes to women but juries have been known to convict women charged in child sex crimes.

As a sex crime lawyer, I have found that the same defenses apply to both men and women. Male jurors may be a little more sympathetic but the female jurors will often hold a woman to a higher standard. Teenage boys are “willing” victims and are often proud of having sex with an older woman. Legally, however, they are still “victims” under the law. Often, alcohol is involved and may have impaired the woman as well as the kids. If the woman provided the alcohol, it makes the case tougher but not impossible. There may be a “mental” defense and it pays to have the woman have a thorough psycho-sexual evaluation. It may not be a legal defense but may help in mitigation.

I have been defending sex crimes all my life (forty years of actually defending sex crimes) and have found that no case is impossible. Friends and relatives often abandon people charged with a child sex crime, but in reality, this is when a friend or relative needs help the most. If you have a friend or relative charged with a sex crime and want to talk, call me at 941 366 3506 for a free consultation

 

Lewd Behavior / Indecent Exposure

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

Arrested for Indecent Exposure or Lewd Behavior?
In recent years, police and law enforcement in Southwest Florida have stepped up their efforts in prosecuting crimes such as indecent exposure, lewd conduct and prostitution. They have gone so far as to pose as prostitutes to entrap innocent people. If you have been charged with such a crime, you must deal with the embarrassment and public humiliation of an arrest, in addition to any potential penalties you incur such as jail, fines or court costs.
Peter Aiken is here to defend you, not to judge you.
Contact us for a free consultation if you have been charged with:
• Indecent exposure
• Lewd behavior
• Solicitation for prostitution
• Prostitution
• Lewd acts in a public place
• Lewd or lascivious conduct
• Or other alleged sex crimes
Defending People Charged With Lewd Behavior and Indecent Exposure
Attorney Peter Aiken will examine every aspect of your case, looking for ways to obtain a dismissal of the charge or reduction to a lesser non-sex crime.
Did the behavior meet the definition of the crime in the statute? Did the police fail to follow proper procedures when making the arrest? Did they unlawfully entrap you? Were you lured or enticed by an undercover officer? Was there an unlawful search and seizure or a coerced confession? Was the evidence gathered properly?
The answers to these and other questions may hold the key to a successful defense. Successful defense requires thorough investigation, knowledge of the law and experience.
Obtaining a Dismissal or Reduced Charge
Peter Aiken has represented many people like you — people who made a momentary bad decision or who were entrapped by police. His job is to protect your rights and minimize the inconvenience, embarrassment and penalties you incur.
Fortunately, many misdemeanor sex charges can be reduced to a non-related sex charge such as disorderly conduct. If not dismissed entirely, Peter Aiken will represent you with skill, determination and sensitivity in negotiating, plea-bargaining or when necessary defending you before a jury.
He will be your strong advocate — defending your rights always and seeking the best possible outcome.
Free Consultation With a Criminal Defense Lawyer — Call Today
For a free consultation with Peter Aiken, contact our firm. We have offices in Fort Myers, Punta Gorda and Sarasota to serve you.
Sarasota 941-366-3506
Fort Myers 239-334-8890
​Punta Gorda 941-639-6009

Date Rape….or is it really?

State and Federal Sex Crime Criminal Defense
Sarasota: 941-366-3506
Lee County: 239-334-8890

January 2017

Single men live in dangerous times.

A hookup on the Internet can end up with an arrest for date rape when the sex was absolutely one hundred percent consensual. There is a double standard. Most detectives start their investigation assuming that the woman is telling the truth. They believe that the man has to prove he is innocent. I am handling more and more cases recently where a woman, the next day, makes a false accusation. Two people may get stone drunk and end up having sex. Detectives assume it is the man’s fault and he should know better than to have sex with an intoxicated woman. What happened to “equality” and “women’s rights”. Who is to say that it was not the woman taking advantage of the man? When it comes to sex, people should take responsibility for their own actions and bad choices.

January 2017

Single men live in dangerous times.

A hookup on the Internet can end up with an arrest for date rape when the sex was absolutely one hundred percent consensual. There is a double standard. Most detectives start their investigation assuming that the woman is telling the truth. They believe that the man has to prove he is innocent. I am handling more and more cases recently where a woman, the next day, makes a false accusation. Two people may get stone drunk and end up having sex. Detectives assume it is the man’s fault and he should know better than to have sex with an intoxicated woman. What happened to “equality” and “women’s rights”. Who is to say that it was not the woman taking advantage of the man? When it comes to sex, people should take responsibility for their own actions and bad choices.

If the man secretly drugs her with a date rape drug, that is different. But if they are both drinking or stoned, why is it the man’s fault? I have had cases where both parties were so drunk that neither one can remember what they did or didn’t do. If two people meet at a singles bar and end up sleeping together, why is it that everyone assumes that it is the man’s fault. The real problem arises with age. More and more teenagers are having sex at an even earlier age. High school kids now are having sex. Middle school kids sometimes engage in sex. If your son is accused by another teenager it is a problem. The police assume it is the boys fault and many times, that is simply not true. Young women (teenage girls) do in fact seduce boys their age. They send them texts with sexually explicit pictures of their boobs and sometimes their vagina. Girls do chase boys and to assume that is the boys fault is a mistake. The police and the prosecutors should keep an open mind. As a criminal defense lawyer, in defending a false sex crime arrest, it is critical to preserve the texts and Facebook chat. The woman or girl may erase it, so getting to it early is critical. The same goes for adults. Here in Sarasota, there are some predatory women that hang out at some of the high end bars. Getting “shaken down” for money after a night of consensual (or you thought so) sex can happen. Married men are particularly susceptible to blackmail. I defended a man once that had sex with a young woman, an adult. The mother contacted him later claiming the girl was underage and shook him down for thousands before he came to me. It was an Internet based shakedown from one of the Craigslist dating hookups.
If you are falsely accused…and need help…Give me a call at 941 366 3506

World’s Oldest Profession under Attack by Grady Judd

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

There were over one hundred arrests in the latest Polk Sex Sting

Grady Judd was again on television bragging about the 100 arrests in the latest prostitution sex in Polk County. Fifty women and fifty one men were arrested in the latest sting. Undercover officers targeted women offering sex on the Internet and set up meetings and arrests. The sheriff also targeted the men arresting 51 guys who responded to ads put up by the Sheriff’s deputies. The Sheriff and his undercover “Hoes” placed ads on Backpage.com and other adult sites suggesting and offering sex. The Sheriff views this operation as a tremendous success. I disagree….It is a waste of precious police resources
.
Prostitution has been around throughout all of human history. Going back even further, if you believe in evolution, (and I am sure Grady Judd does not), it has been shown that even female chimpanzees traded sex for fruit from male suiters. As long as there are women, and as long as there are men, sex will be offered in exchange for something of value. In the more civilized and pragmatic Countries it is legal and regulated. There would not be the illegal human trafficking or sex involving minors if prostitution was legal. Requiring heath certificates and testing would reduce aids transmission.

Once again, prevention not prosecution is the answer.

In my opinion, prostitution should be legal, and regulated. In Nevada, society has not collapsed with legalized prostitution. The way to reduce the crime rate is to make less things a crime, not run stings embarrassing consenting men and women.

Why should it be illegal for an adult consenting woman (or man) to engage in consensual sex with another consenting adult for money? If a man takes a woman on a fancy date, spends a fortune on dinner and drinks and then they have sex, it is ok. If the man (and the woman) simply want to skip the formalities and get straight to sex, and he gives her the money, what is the big deal? Think about it. If prostitution was legal, it would put the human traffickers out of business.

If pot had been legalized fifty years ago, there would be no Cartels.

Arrests like this make great press and are good publicity but in the long run do nothing. God knows how many police were “busy” while this sting was running. How many packages were stolen off people’s doorsteps while the sting was running? How many cars were broken into? How many homes were burglarized? It is all a matter of priorities and in my opinion, Polk County is not safer as a result of this operation. Hoe! Hoe! Hoe! Let’s hear it for Grady Judd and his undercover Hoes. And good night to you all

CLICK HERE TO VISIT OUR WEBSITE: THESEXOFFENDERDEFENDER.COM

Un-stacking the stacked deck of Child Sex Cases

 

State and Federal Sex Crime Criminal Defense Sarasota: 941-366-3506 Lee County: 239-334-8890
State and Federal Sex Crime Criminal Defense
Sarasota: 941-366-3506
Lee County: 239-334-8890

When a person is charged with a capital felony for having sex with a minor under the age of 12, you better believe it is a stacked deck and an uphill battle. The penalty is mandatory life without parole and the State prosecutes these types of cases with a vengeance. You get no sympathy from either the judge or the jury. In defending these child sexual battery cases, you have to treat them just as serious as a murder case. In fact,in my experience as a criminal defense attorney, I have found that it is easier to win a homicide case than a case where the child is under 12. The sad truth is that many people simply are not guilty. Little kids can be led to believe that things happened when they really did not. Keep in mind, young children believe in Santa Clause, the tooth fairy and the Easter Bunny. Young children can be manipulated into believing things that do not exist or things that never happened. The younger the child, the more difficult the case is to win.

Immediate investigation of the allegation is critical. Many times, there is a hidden motive for kids to make something up. This is particularly true in child custody and divorce cases. The mother can manipulate the child and use the child as a weapon in a divorce proceeding. In shared parenting cases, an allegation of improper sexual contact with the child will almost always result not only with an unlawful arrest, but almost always, a no contact order. The prosecutors will have the child interviewed by what is supposed to be an impartial child protective team advocate. They are not supposed to “lead” the children in their statements but invariably they do. The State will file a “child hearsay” notice and try and introduce what the child says through the testimony of an adult like the mom, a grandmother, an Aunt or the DCF interviewer. In defending these cases, as an attorney, I am allowed to do a video deposition of the child. In some cases, you can establish facts that dramatically impact the child’s credibility. The prosecutors brainwash the kids and go over their testimony trying to correct any inconsistencies before trial. You really need to lock down the facts air tight.

Jury selection is the most important part of the case. You have to identify and challenge the jurors that because of their personal experiences, are biased. Getting jurors to open up about their past is tough but necessary. You have to challenge the admission of the child hearsay testimony. The State will try and load it up with pure opinion testimony as opposed to what the child actually says. I have been trying child sex crime cases now for over thirty years. Good results are not impossible but they don’t come easy. Many criminal defense lawyers shy away from these types of cases, particularly if they have young kids themselves. It truly is a stacked deck when this type of horrible accusation is made, but hard work and experience can make a difference. If a loved one, a son, a spouse, a brother or friend has been charged with a capital sex crime or charged with a lewd act on a minor and you want to talk, feel free to call for a confidential consultation at 941 366 3506

“Click Here” To Visit the Sex Offender Defender Website

Can You Get a Fair Trial is a Child Sex Case?

The Sex Offender Defender Peter D Aiken Experienced Sex Crime Defense Sarasota 941-366-3506 Ft Myers 239-334-8890
The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

Click Here To View Peter D Aiken’s Credentials

It is really hard to get a fair trial and a just verdict if you have been involved in an offense where you are alleged to have had sex with a minor. I have tried quite a few of these in the last few years. Public opinion has been shaped by television shows like “Special Victims Unit”. In the cases I have tried recently, in the jury selection process, almost half of the potential jurors have been excused for “cause” because of bias or prejudice or personal experience being a victim themselves. It is shocking to find out how many potential victims were molested themselves as children. In almost all of the cases it was by a family member. Getting a favorable verdict also depends a lot on the age of the alleged victim. Many teenage girls accuse men of sexual abuse. It is common for stepdaughter or daughters of a man’s girlfriend to make a false accusation. One way to get a man out of their mother’s life is to falsely accuse him of an improper touching or groping, or in some instances, sexual intercourse.

The judges, in my opinion, in a lot of cases are really biased. Most of the judges in the criminal courts are former prosecutors who, as prosecutors, tried child sex cases. It is a stacked deck if you are dealing with a judge who was a sex crime prosecutor and his or her past experience has made them prejudiced against anyone charged with a sex offense involving a child. Some judges can put their past experiences behind them, and some cannot. The judge can make a huge difference in the outcome of a case. They can let into “evidence” what they call “child hearsay”. That means that if the child told the mother, a relative, or someone else about the alleged molestation, what they said to someone else about their experience, can come into evidence. This allows the prosecutor to get the evidence in through the words of an adult and not just the child. It gives the evidence greater credibility.
Jurors may also be extremely prejudiced and simply not disclose it during the jury selection process. You can end up with a juror on the jury that was molested as a child and has simply hid it from the Court. Many times, you have no option but to try the case. Sex with a child under twelve carries mandatory life without parole. You can end up with the same sentence you would get for murder. It is actually easier to try a murder case than a child sex abuse case.

I handle a lot of sex crime cases. The same is true in child pornography cases. Once the jury learns of the content of a kiddie porn video, they are impacted greatly. Jurors simply cannot understand why anyone would want to see a six year old being molested. Sex crime defense involving children is always an uphill battle but it is a battle that simply has to be fought.
Some lawyers are judgmental and simply refuse to take these cases. I have learned that there are almost always, two sides to any story. Everyone deserves their day in court. Everyone deserves a vigorous defense and to have their rights protected. If you or a loved one has been accused of a sex offense and want to talk…Call 941 366 3506

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Click Here To Visit Our Sex Crime Criminal Defense Website thesexoffenderdefender.com offices Aiken O’Halloran and Banyai