My son was recently charged and convicted of sexual offense with a minor. These cases are all different. In his case, the girl and her friend whom my son trusted to be honest, conspired with each other to lie to my son about the girls true age. There are sworn statements of these two girls that should have been able to use for my son’s defense, but the State of Florida statue 800.04 (a) does not allow anything to be used as a defense. Her age, her chasity, nothing. What angers me about this law is it lumps all of these cases like this into one label. Which is totally unfair, and truthfully I dont think is constitutional. That is why FLorida’s conviction rate on sexual offenders is so high. THEY DO NOT HAVE A DEFENSE according to this statute. Only some of these can be used in sentencing, nothing more. TOTALLY WRONG.
As to other cases with different circumstances, each I think should be looked at and determined if it fits the criteria of a sex offender. And if evidence is present to prove that, it should be able to be used to keep from a young mans life being ruined because of some girls who are older beyond their years,who lie and commit these crimes and yet nothing happens to them because they are being looked at as a CHILD, and they are far from it. When proof is available thru witnesses that these girls who do this all the time, the
defendant should be allowed to use this in his defense. This is just plain common sense. He is no threat to society, He is not violent, He made a mistake in trusting someone as to how old they was.
He becomes a VICTIM of conspiracy and lies, and He becomes a VICTIM OF THE STATE, HE LIFE BECOMES A LIVING HELL. A LIVING NIGHTMARE THAT NEVER ENDS. ALL YOU LAW MAKERS, I WISH YOU COULD WALK IN THEIR SHOES FOR JUST A WEEK…I THINK THEN YOU WOULD’NT BE SO QUICK TO SENTENCE THEM FOR THE REST OF THEIR LIFE TO ANSWER TO COUNTY, STATE AND LOCAL AUTHORITIES. THERE HAS TO BE A MORE SIMPLE WAY OF DEALING WITH THIS ISSUE . EACH CASE IS DIFFERENT, AND EACH CASE SHOULD BE LOOKED AT IN THE CONTEXT IN WHICH IT HAPPENED. NOT ALL LUMPED INTO ONE.