Sex Crimes: Helping Human Trafficking Victims

There are certain acts that are considered as taboo in a civilized society. Certain acts are even considered illegal and punishable even if done with consent. There are several types of sexual acts that are considered as illegal.

As law is dynamic and ever evolving, the sexual criminal offense related law varies from place to place and time to time. An offender related to sexual offense is termed as a sexual offender. There are several types of sex crimes that involve violence and some that violates social taboos (incest, sodomy, indecent exposure, etc).

There is much variation as to what sexual activity may be labeled as a crime based on cultural background. For example – In European nations and even in America oral sex is not considered as an offense. Some of the sexual crimes are –
• Rape
• Lust murder
• Obscenity
• Human trafficking
• Frotteurism, etc.

Human trafficking involves trafficking of human beings across borders. There are several ways a person can be trafficked. One is the by kidnapping and selling. A person may be deceived with a false promise for job and lured into crossing international border. There the person may be forced into forced slavery or indentured servitude. They may also force into prostitution. However, force may not be the primary factor for prostitution.

A person may accept prostitution due to lure of drugs. In USA for instance a minor (below 18 years) is considered as a trafficking victim, although no movement has taken place. This is in accordance to the U.S. Trafficking Victims Protection Act of 2000.

As per US State Department data, there are about 600000-820000 approximately people who are being trafficked across the border. In 2001, an office has bee established by the US state department called the Office to Monitor and Combat Trafficking in Persons. The name of the office well explains the purpose of the office. Although slavery has been outlawed by the US government by the Thirteenth Amendment to the US Constitution (year-1865, section-1), according to an old estimate of 2004 there are approximately 10000 forced laborers (report from the Human Rights Center in Berkeley, California).

There are several organizations that have come forward to provide help to this type of people. There are free telephone hot lines, National Commission Against Domestic Violence, etc to provide assistance to trafficking victims.

In case you have fallen victim to human trafficking in Miami don’t hesitate to contact a Miami Attorney. Before choosing any lawyer it is better to get an understanding about his experience.

Florida Sex Crime Overview

The sex crimes laws passed by the Florida state legislature, and approved by the governor, in 2007 are the following:

– Senate Bill 2866 requires the agency that has jurisdiction over a sexually – based offense to give the multidisciplinary team the accused person’s name; distinct characteristics; where he is expected to reside in the future; what type of supervision, if any, he will get in his community; and his criminal record- police reports, statements made by victims, pre- and post- sentence investigation reports, if these are available; and other documents about crimes committed by the subject, and which ones were sexually motivated. Also his mental status and medical history, and records of treatment received in mental health facilities and of “institutional adjustment.” The bill also provides for the use of force, when necessary, by law enforcement agents to ensure the security to the people and property on a secure facility, and requires the person who made the decision to use such force to prepare, date, and sign an independent report within three days.

– Senate Bill 0988 was passed specifically with the identifications of convicted sexual predators in mind. It calls for “distinctive markings for driver’s licenses and identification cards issued to persons who are designated as sexual predators or subject to registration as sexual offenders,” such that the offender must renew his driver’s license or identification card and will be subject to criminal penalties for altering the markings on them. School districts are also required to screen the results of an applicant’s criminal background check and may prohibit him from entering on school grounds.

– Senate Bill 1604 requires sex offenders not currently in prison to register with the Department of Law Enforcement within a certain time period. The provisions that allow the person to remove the designation after a specified period have been removed, and a reregistration requirement is also in force. Registration includes name, SSN, age, race, sex, birth date, various physical characteristics, photograph, address, date and place of any employment, “date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the offender.” Vehicle identification must be provided in the case of a trailer residence. Registration is for life, except in the case of a pardon or a conviction that was set aside.

– Senate Bill 0146 (called the “Anti- Murder Act”) prohibits bail for registered sexual and other violent offenders, or those on felony probation, who are accused of a new crime.

– Senate Bill 1004 is called the “Cybercrimes Against Children Act of 2007.” It outlaws owning or promoting certain types of child pornography, and provides penalties for “traveling to meet a minor” for the purpose of engaging in illicit activity and for owners of Internet services who allow users to distribute child pornography through their channels.

The Florida Sexual Predators Act has also been passed to provide strategy for dealing with such predators, including ensuring they are not released to relieve prison overcrowding and prohibiting them from working with children.

Knowing Your Rights – Why You Can and Should Access Registered Sex Offenders Lists

A registered sex offenders list can be an invaluable asset for those looking to protect their families from potential harm. Because of the unique nature of sex crimes and the vulnerability of children to this particular class of crime, lawmakers tightened up sentencing guidelines and instituted a notification of laws in almost fifty states. Thus, a registered list of sex offenders was required to alert citizens of convicted sex criminals living in their communities.

However, despite the best intentions of law enforcement and other community officials, not everyone is notified in a timely fashion when a sex offender relocates to their neighborhood. Thus, you can be living next to someone that has been convicted of a violent sex crime and have no idea. These laws were enacted for your protection. Even if you aren’t notified, you still have the right to utilize other resources in order to find a list of registered sex offenders in your area.

You owe it to yourself and your family to use all legal means at your disposal to ascertain any potential threats to you or the ones you love. With the prevalence of reporting and studies on this particularly heinous class of crime, people are more conscious than ever of the threat of lurking sex offenders. Certain sex offenders prey on the most vulnerable members of our society, our children, which makes being aware of a sex offender’s presence more vital than ever.

These resources allow you to perform discreet searches of enormous databases in order to find the information that you are looking for. We all know the peace of mind that comes from simply knowing. How much better will you sleep knowing that you have done the due diligence of knowing exactly who is living in your community? Accessing and searching a registered sex offenders list is one the most fundamental things you can do to ensure that peace of mind.

Defense Against Sex Crime Allegations

Sex crimes cover a broad spectrum of sex-related offenses. In essence, they involve non-consensual sexual contact. They can include any unwanted touching of the sexual organs, molestation, sexual assault (rape) or sexual battery.

Sex crimes also include prostitution and solicitation of prostitution even if it was entirely consensual. Law enforcement agencies set up entire “stings” to catch prostitutes, pimps and Johns in the act. They also place ads on public forums such as Craigslist to track down and convict people who engage in prostitution. If you were accused of committing a sex crime, you have to act fast to protect yourself. If you are convicted you could face jail or prison sentencing, probation or parole, and steep monetary fines. What’s worse, the effects that a sex crime conviction might have on your reputation, your personal relationships and your career could be devastating.

For more serious sex crimes such as sexual abuse, sexual battery and sexual assault or rape you will most likely be facing mandatory sex offender registration. This means that you would have to register as a sex offender no matter where you live. What’s more, your headshot, conviction and home address would be made public information for all to see.

Escaping the stigma of a registered sex offender is fairly unrealistic. It is more likely that the offense will haunt you wherever you go. Unfortunately, many people who are accused of a sex crime are actually innocent. The challenging part is proving that your description of the events or lack of events is honest and true as opposed to the accusations coming from the alleged victim. Being innocent isn’t always enough when the accuser delivers a convincing theatrical display to the prosecution and the judge.

It is not uncommon for pubescent teens or young girls and boys to falsely accuse their parent of sexual abuse or molestation. Unfortunately, minors can make false accusations in order to please the other parent or out of pure anger or contempt for their parents. Although sexual offenses against a minor are extremely serious, whether they are founded on fact or not, law enforcement must take the necessary precautions and investigate any allegations. However, this can put the wrongfully accused in a very uncomfortable situation in the meantime, and law enforcement might not be so quick to offer you sympathy during such investigations.

Another common scenario where false allegations are made involves bitter divorces or child custody battles. Sometimes an angry or vindictive mother will falsely accuse her husband of child molestation or rape in order to gain custody of the couple’s children during a volatile divorce.

Since there are many situations in which no witnesses are around at the time of the allegation, it is essential that you retain an experienced criminal defense attorney if you have been convicted of a sex crime. Being convicted could destroy your reputation, and it might turn a lot of people against you. Sex crime allegations are also extremely embarrassing because they attack your very core. If you have been accused of a sex crime, a criminal defense attorney can handle your case in a discreet and private manner. When your reputation and freedom are on the line, you can’t afford to hire a weak defense attorney who might make costly mistakes on your case. Please take a moment to contact a criminal defense attorney to discuss your case. You deserve to have a professional on your side during this difficult time.

Arizona Senate Bill 1056 – Sentencing Changes For Sex Offenders Adjudicated Guilty Except Insane

Serving a sex crime sentence in Arizona just got harder.

During its second regular session of 2010, Arizona’s Forty-Ninth Legislature amended Chapter 234, section 13-3821, of the Arizona Revised Statutes related to “Sentencing.” It was amended by Arizona Senate Bill 1056. The new bill places stricter mandates on persons “Adjudicated Guilty Except Insane” when convicted of sex crimes.

Before the SB1056 amendment, a person who committed a sex offense did not have to register as a sex offender in the state of Arizona if the person was “Adjudicated Guilty Except Insane” or by “Not Guilty By Reason of Insanity.” The new amendment requires out-of-state sex offenders to register as a sex offender in Arizona within 10 days of conviction or after entering Arizona’s jurisdiction. The person must register in the county where convicted, or in the Arizona county where that person intends to permanently reside.

The bill also affects persons who are presently incarcerated. Persons serving a sentence after being “Adjudicated Guilty Except Insane” or by “Not Guilty By Reason of Insanity,” for sex crimes under Chapter 234, must register within three (3) days of their release with both the county sheriff and the state department of corrections. As a condition of release, blood samples will be drawn and fees assessed for sex offender website monitoring. It is too early to tell whether the defense community will challenge these provisions as unconstitutional ex post facto laws because they place a new condition of release that was not present at the time the Court issued the original sentence.

Previously, persons “Adjudicated Guilty Except Insane” escaped listing on Arizona Department of Public Safety’s Internet sex offender’s website. No longer. Sex offender registration is mandatory. Further, persons similarly convicted who wish to participate in any interstate compact must also register as sex offenders. A warrant will be issued to anyone who fails to adhere to the new registration guidelines. As a result of this new community reporting requirement, residents should feel safer knowing the sex offenders’ whereabouts.

The strongest provision of SB1056 makes sure that time sentenced is actual time served. When a person “Adjudicated Guilty Except Insane” has been deemed sane by a psychiatric security review board and the convict has a propensity to re-offend, the person will now be transferred back to the Arizona State Department of Corrections to serve the remainder of the sentence. This provision should find favor with victims and victims’ rights advocate groups.

Granted, once the review board determines that the person should be remanded to a correctional institution to fulfill the original sex crimes sentence, the person may challenge the review board’s decision. But, the burden to change the rule is heavy. The convicted person must prove by clear and convincing evidence that s/he is still insane or that the propensity to re-offend no longer exists.

In sum, persons convicted of committing sex crime(s) while insane will now be treated as sane sex crime perpetrators. Do the crime, do the time.