Tampa, Florida Sex Crime Attorney :: Tampa Man Charged with Attempted Sexual Battery and Voyeurism

Tampa, Florida police arrested a man on Sunday who allegedly snapped a photograph of a sleeping woman, broke into her home and then allegedly attempted to a sexual battery.

According to a police report, the 21-year-old man evidently stood outside the woman’s bedroom window and took a picture of her sleeping with a cell phone. He supposedly let himself into her home through an unlocked door and sat down next to her.

The man allegedly attempted to pull down the woman’s pants, but the woman awoke, sat up and the man fled. Police arrested the man around 11 a.m. on Sunday at a restaurant in South Tampa, FL where the man works as a cook.

The man was booked into the Hillsborough County Jail, where he was held without bail on Sunday. He was charged with attempted sexual battery on a physically helpless person, burglary with battery and voyeurism.

His arrest report indicates that he is not a U.S. citizen.

When law enforcement agents arrest people for criminal offenses they are often quick to turn suspects they believe to be non-citizens over to the immigration authorities. It is important to note that if you are a non-U.S. citizen taken into custody by any type of law enforcement, you should invoke your rights and remain silent and request the presence of an attorney.

When a person commits a sexual battery on a person is physically helpless to resist this means the person was either asleep, unconscious or for some unknown reason was unable to communicate their unwillingness to participate in an act.  This crime is a felony of the first degree and is punishable by a maximum of 30 years in prison. Several defenses for sexual battery include issues of consent, however this cannot be used when the alleged victim was physically helpless, lack of physical evidence or eyewitnesses, illegal questioning by police or mishandling evidence and false allegations or credibility issues with the supposed victim.

Attempted sexual battery can be charged when it was believed that there was a direct intent by the accused to place the victim in immediate jeopardy of sexual battery. The prosecution must show a detailed intent to commit a sexual battery for charges to stick.

If you have been arrested and charged with attempted sexual battery or any type of sex crime in the state of Florida, contact the Florida Sex Crimes Defense Lawyers online or call  our Tampa office at 813-221-3200 or reach us toll-free at 1-866-608-5LAW (5529).