Man Found Guilty of Sexually Battering Unconscious Woman at her Birthday Party

866-608-5529 – Florida Sex Crime Attorneys

A 21-year-old West Palm Beach, Florida man was found guilty of sexual battery on a helpless person Friday and is facing up to 30 years in prison.

Trial evidence showed the man attended a birthday party for an acquaintance on Nov. 21, 2010 where a woman became intoxicated and passed out in a bedroom.

Court records indicate the man entered the bedroom where the woman lay unconscious and sexually battered her.

Two of the woman’s friends went to check on the victim and claim to have witnessed the attack. They apparently chased the man out of the room and house.

During a police interrogation, the man allegedly gave a detailed confession explaining what he did and how his actions were wrong.

His sentencing is scheduled to take place on March 16.

The State of Florida makes it a first-degree felony to engage in sexual activity with a physically helpless person. “Physically helpless” can be defined as someone who is asleep, unconscious or for any other reason unable to convey their reluctance to a sexual act. This is an important aspect of a Florida sex crime because non-consent is an element of the crime. A person that is unable to communicate their opposition to partaking in sexual activity cannot provide their consent. Being unaware that a person is physically helpless is not a valid defense against this crime.

Many times these situations erupt when people have been drinking. While there is nothing illegal about two people getting drunk and having sex, it is against the law to have sex with someone when they are physically unable to resist or give any indication they consent. It is important to realize that after you have been accused of rape, it is not enough to rely solely on your innocence. It is vital to the outcome of your case to contact a Florida Sex Crimes Lawyer to investigate the facts of your case as well as the credibility of the alleged victim and witnesses.

A sexual battery or rape charge can destroy your life and reputation. The mere accusation of rape can negatively impact your social life, career and where you are allowed to live. Depending on the specifics of the case, an alleged victim’s or witness testimony can send you to prison for a minimum of six years and a maximum of 30. If convicted, you will be forced to register as a sexual offender and your status will be made available to the public.

If you or someone you love has been accused of or arrested for sexual battery in the state of Florida, contact the Florida Sex Crimes Defense Lawyers at Whittel & Melton online or call us toll-free at 866-608-5529.

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