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

The cops want to talk to me….What should I do?

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

I hear that all the time, and most of the time, my answer is the same…keep your mouth shut.

Almost every day innocent people get falsely accused, and some get unjustly convicted and some spend decades in prison for a crime they did not commit.

Our criminal justice system is not perfect and innocent people sometimes are arrested. When it comes to sex crimes, false accusations often made. Unfortunately, all it takes is a false accusation, which the police generally assume is true, to ruin a life.
Most sex crimes are a one on one, he said, she said situation.

A woman can engage in consensual sex and the next day claim rape.
A jealous step daughter may hate her new “dad” and falsely accuse him.
A jealous former girlfriend may make a false accusation or an ex wife in a custody dispute may make an allegation of sexual abuse on one of the kids.
False accusations are made all the time.

Never, no never, speak with the police without consulting a criminal lawyer first.

As a sex crime lawyer, I do not charge for an initial consultation. If the police contact you, pick up the phone and talk to a lawyer before you say a word. You may not understand the law and you may not understand the damage an admission will make in your case. The police are masters at getting people to make admissions and confessions. They do not have to advise you of your rights until they arrest or detain you, and by then, it may be too late. The damage may have been done and you may have provided the key piece of evidence in the form of an admission. Sometimes they twist what you say and when you read the police report, what you said and what they say your said are two different things. Play it safe, lawyer up, keep your mouth shut and let a professional do his job.

As an Experienced Sex Crime Criminal Defense Attorney,in sex cases, like:

Sexual battery

Lewd and lascivious conduct with a child

Child pornography

an admission often makes the difference between winning and losing.

If the police show up at your door and start asking questions about your computer usage, sites you have visited or worse yet ask you to surrender your computer call a sex crime lawyer immediately. Never surrender your computer, even if they threaten to get a warrant. Exercising a constitutional right does not mean you are guilty. If you do not exercise it however, it might make the difference between being found guilty or going free. If the cops are at your door…they have a reason and purpose…it is no accident.

If you have questions, call for a free consultation, before you make a huge mistake.

In Sarasota my number is 941 366 3506 or in Ft. Myers, the number is 239 334 8890

CLICK HERE TO VISIT THESEXOFFENDERDEFENDER.COM WEB PAGE NOW!

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

Feds Bust Thai Human Trafficking Ring

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
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

In Minnesota and across the United States, Federal authorities made dozens of arrests of a Thailand based human trafficking ring. Hundreds of Thai women were lured here with false promises of a future in the modeling or escort business. They literally became sex slaves in bondage to pay for their transportation and in some cases breast augmentations. Local law enforcement in Minneapolis picked up on the unusual number of Thai women being moved around. Some of the traffic was on Backpage.com and the investigation led to the arrest of some of the facilitators including “house bosses” and the people who set up the travel.

Prostitution here is Sarasota is a little different, and you do not see a great number of Asian prostitutes. You do see a Russian and Eastern European influence in the “high end” sex for money trade. As a criminal defense lawyer, I am in favor of legalizing prostitution. The police will never stop it. It has been around throughout all of recorded history. A far better approach would be to legalize it and require licenses with medical exams. For some women, it is a conscious choice of a way to make a living. Many women, contrary to public opinion, are not forced into prostitution. This is particularly true in this the age of the Internet. I would rather see the police dealing with violent crime and terrorists than targeting women who for whatever reason have chosen to pursue the sex for money option.

Many professional men are workaholics and married to their jobs and careers. They, for whatever reason, do not have the time or inclination to become involved in a long term relationships. The same goes for women. It is hypocritical for them to meet women and pretend to want a relationship when all they desire is sex. Men wanting sex is 100% normal. If two consenting adults want to engage in a consensual relationship, even if money is involved, why is it a crime? In many civilized countries, prostitution is tolerated. Here, the laws do not match reality and the police, when business is slow, conduct token stings, solely for publicity.

We need the courage to change the laws and make fewer things a crime

Click Here to Visit our Sex Crime Defense Website

Capital Sexual Battery

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

Capital Sexual Battery

A clients worst nightmare………..Falsely Accused!

If you, a loved one or a friend are under investigation or worse yet, have been arrested for Capital Sexual Battery, be prepared for the battle of your lifetime…..Being accused of a sex crime with a child, particularly one under the age of 12, exposes you to a life sentence without parole. A false accusation by a relative or neighbor child can result in an arrest, a high bond, or worse yet no bond, loss of employment and the scorn of your relatives, co-workers and neighbors. Everyone assumes the child is telling the truth and you are presumed guilty

Not all criminal defense lawyers handle child sex crimes

Being charged with a sex offense can destroy your life

Do you want a DUI lawyer or a ticket clinic handling your case?

 

Experience can make a huge difference in mounting a successful defense.  Peter Aiken has over thirty five years of actual trial experience in defending sex crimes, including child pornography, lewd and lascivious conduct and child rape accusations. Cross examining a child is unlike any other type of cross examination. Deposing a child takes skill, experience and compassion and is a skill that comes only with decades of experience. When the rest of your life is on the line, you need an attorney that is not judgmental, one that is compassionate and not just in it for the money. Small children can be manipulated into making up a story and believing it.

Many accusations come years later……There is no limit as to when you can be prosecuted.

Many men are accused years after the fact.

Teenage girls, coming into puberty and seeking attention, often make up stories that are simply not true. They may be prompted by a mother or grandmother in child custody situations. Young children can be brainwashed into believing something really happened when it truly did not. Prosecutors always believe the child. Good results come from hard work!

Most child sex accusations involve relatives and close family friends

Sadly, school teachers, child care workers, babysitters and even members of church groups and clergy can find themselves being falsely accused. The more children you come in contact with, the greater the risk of a false accusation. Heated divorces generate false charges.

Do not wait until you are arrested to lawyer up…..Make no statement whatsoever!

In Sarasota call 941 366 3506 In Ft. Myer call 239 334 8890

Click Here to Visit Our Sex Offender Defender Website and review our Experience

An Accident or Child Abuse?

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

We live in suspicious times. If you have an infant or a child under two or three years of age, and the child falls and becomes injured, people at the hospital are many times unjustly suspicious.

The simple fact is that active kids have accidents.

They get bruises, cuts and scrapes.

That is a natural part of growing up.

Teachers are many times overly suspicious and they call DCF if they see bruises, particularly on the face. Many times emergency room personal will make a police report for an injury that is purely an accident. If a child comes in unconscious or has a significant head injury, they assume the worst. We have been defending child abuse and aggravated child abuse cases for years. If a death is involved, depending on the circumstances, a person can find themselves charged with aggravated manslaughter. If a child is left unattended in a hot car, and a death occurs, the person can find themselves arrested facing a long sentence in State prison.

This is also true if a mother or father leaves a gun unsecured and a death occurs. Imagine how the parent feels. First they lose a child, then, they are arrested for culpable negligence resulting in a death. You can never roll the clock back. You cannot bring back a life. Punishing a parent further accomplishes nothing. Most child death situations were never even remotely intended. Sadly, many are the result of the parent’s drug use.

A child may come into contact with heroin or cocaine left unattended or on a bedside, and overdose. The child may be injured when the parent is in a semi-conscience state as a result of drug use. Children can be injured in car crashes where the parent is stoned, high or impaired from taking Oxycotin, Percocets, Oxycodone or some other painkiller. The classic child abuse case occurs then the mom’s boyfriend is left in charge. They may have reacted to a crying child by hitting them repeatedly. The child may have shaken baby syndrome. Shaking a baby has terrible consequences and can cause brain injury. We run into situations where young parents in their late teens or early twenties simply are unprepared and totally lack parenting skills. Prison is not the answer.

In defending child abuse and aggravated child abuse cases, we truly understand the knee jerk reaction of the public wanting someone to pay for a child’s death. The reality is that nothing will bring that life back and the loss of a child is already a life changing event. Going to jail for an accident only makes things worse and changes nothing. If you have a daughter or son charged with child abuse and want to help, feel free to call for a free consultation. We understand how the police conduct their investigations and understand the sometimes unreasonable conclusions reached by DCF.

As a grandfather, and having raised four kids to adulthood, I appreciate the importance of life. Destroying another life with a State prison sentence, for what was an accident, is not the answer.
In Ft Myers call 239 334 8890 and in Sarasota call 941 366 3506 to talk

 

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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