Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

Our client was charged with Rape or Sexual Battery on his step-daughter at a beach motel in Clearwater. Sexual Battery means:

The 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; however, sexual battery does not include an act done for a bone fide medical purpose.

Rape charges vary in degree and exposure to prison based on the aggravating circumstances surrounding the allegations. This particular rape charge was a second degree felony punishable by a maximum of 15 years in Florida State Prison.

After a night of heavy drinking the defendant, his wife, and his step-daughter returned to their motel room on Clearwater Beach. At some point the client's stepdaughter passed out in the bathtub with the shower head running. She woke up, turned off the water, and went back to sleep. When she woke up a second time she claimed our client was on top of her in the tub. The Clearwater Police Report goes on to state the following:

While lying in the tub with her eyes closed, she felt someone getting on top of her. She opened her eyes and observed the suspect on top of her. She yelled for him to get off of her and began pushing him. He proceeded to try and kiss her face and neck. She continued yelling at him to get off of her as she struggled to get him off. However, he was able to forcibly spread her legs apart and vaginally penetrate her with his turgid penis. Elizabeth said it was painful and she continued to yell. She said the suspect eventually stopped and got off of her. She was unsure why or how long he was on top of her. She was also unsure if he ejaculated, but said he was not wearing any type of protection.

In light of the victim's statements she was directed to submit to a sexual assault examination. The results were inconclusive in some ways and revealed facts that were not consistent with the victim's story. Consequently, we had our client submit to a polygraph examination. Polygraph examinations can be extremely helpful in a number of different ways. Once the sexual assault examination revealed no direct physical evidence of rape the State's rape charge eventually came down to a war of credibility. This is where polygraph examinations can be extremely useful. As most people know the results of a polygraph examination are inadmissible in a court of law in almost every circumstance. As long as a polygraph examination is done confidentially the results are of no consequence when they are negative and very beneficial when they are positive. In other words, submitting to a confidential polygraph examination can only help a charged defendant. However, it is important to recognize that the results of a polygraph can vary among examiners. Some examiners are so heavily respected by the State Attorney that their results are given a lot of weight (which can sometimes to a dismissal of a criminal charge).

In this particular case we never revealed the results of our polygraph examination to the State (they were not positive). Ultimately, we argued to the State Attorney that the victim's story was not credible based on some critical facts. The State agreed and took steps to remove the rape charge against our client.

To learn more about the facts of this case link to tampa criminal attorney or call us at 813-228-7095.