March 17, 2012
Whittel & Melton, LLC 352-369-5334 – Florida Sex Crimes Attorneys
Marion County Sheriff’s Deputies arrested a 26-year-old man Tuesday for allegedly having sex with a woman who was passed out.
The man was charged with sexual battery on a physically helpless person.
Officials claim they arrived at a Summerfield home on Jan. 15 looking for a 28-year-old woman. The homeowner apparently told deputies that she was sleeping.
The deputies entered the home and attempted to wake the woman up, but she was apparently unresponsive. She was taken to the hospital in critical condition.
The investigation lead officials to believe the woman had consumed a large quantity of pills and alcohol and had passed out in the 26-year-old man’s room.
A few days later, the woman apparently told police that her friends told her the man may have sexually assaulted her while she was unconscious.
Police claim they spoke with alleged witnesses who apparently heard the man scuffling around his bedroom the night deputies arrived at the house, and brought the woman out of his bedroom and placed her on the couch in the living room.
According to a Sheriff’s Office report, the man admitted to having sex with the woman while she was passed out. He allegedly told an investigator during questioning that the incident occurred in his bedroom and that he was aware the woman was under the influence of alcohol and pills.
He was arrested and taken to Marion County Jail.
Any individual that commits sexual battery on another individual when they are physically helpless to resist, commits a first-degree felony punishable by up to 30 years in prison. In general, “physically helpless” means the person was asleep, unconscious or for any other reason unable to participate in consensual sex. The State tends to prosecute these types of cases quite aggressively because it is believed that the accused should have known of the victim’s helplessness and inability to protest.
Prosecutors tend to use what they see as evidence to build a sexual battery case, which can bring subjectivity into a process that should be based on facts. Since these cases often involve false or exaggerated statements, being accused of sexual battery can place a person in a difficult situation. A successful defense against any sexual battery charge starts with contacting the right criminal defense lawyer. The Florida Sex Crimes Attorneys at Whittel & Melton can help you avoid many and sometimes all of the consequences associated with a sexual battery conviction. Our staff of attorneys and experts can establish appropriate defenses to the charges you face and prepare your case for negotiation or trial.
If you have been charged with any sexual battery crime in Marion County or throughout the state of Florida, contact the Florida Sex Crimes Attorneys at Whittel & Melton, LLC online or call our Ocala office at 352-369-5334 or reach us statewide and toll-free at 1-866-608-5LAW (5529).