Lewd or Lascivious Molestation Offender over 18 Victim 12-16; Lewd or Lascivious Battery (St. Lucie County)

Facts: A 13 year old girl left her house in the middle of the night and got into a black truck. She was found the next morning with our client walking down the street in Port Saint Lucie. Our client was accused of sexually abusing her. Evidence showed messages between the victim and an unknown third party who sent her to our client’s home. Our client met her outside only to discover that the 18 year old he thought he was communicating with was actually a 13 year old. Our client had no way of getting her home in the middle of the night and the victim refused when he asked to call her parents or law enforcement. In the morning when the young girl’s parents realized she was missing an Amber Alert was issued and calls came in when our client was seen walking her home. She told officials during her medical exam that our client did not touch her, however our client made incriminating statements to law enforcement during a consensual interview.

Results: We came onto this case after it had been pending for some time. We immediately got all of the discovery and reviewed everything with a fine tooth comb. Once looking over everything it was clear that there was no evidence to convict our client with the exception of his own statements. The law requires, even in sex cases, that there must be corroborating evidence to prove, by a preponderance of the evidence, that the confession is trustworthy before it can be used to prove the charges. We set the deposition of both the listed victim and the investigating officer. During her deposition the listed victim again stated that our client never touched her and that he was walking her home when they were found. The Lead detective stated that he was not able to find any independent evidence to corroborate our client’s statements. Based on our thorough knowledge of the law and detailed questioning of the states witnesses the charges against our client were dropped outright and our client was released from jail. He will not have to register as a sex offender and he is not a convicted felon!