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The Florida Bar

The Shoe Doesn’t Fit: Defenses That Won’t Work in Lewd and Lascivious Cases

Florida Sex Crime Lawyer James Weick explains that in a case of any lewd and lascivious act a person cannot use “consent” and “ignorance of child’s age” as a defense since they are prohibited by the state.

For a lewd and lascivious cases of battery act the lawyer can fight the accused on the basis of a false allegation:

This can range from parents influencing a child, mental sickness of the defendant, manipulation of a child by the parents, and even jealousy.

In lewd and lascivious cases with molestation, exhibition, and conduct, the defendant can fight the case with the defense of a false allegation where the allegations can be same as in the case of a lewd and lascivious battery. The defendant can also raise the defense of lack of lewd intent but there needs to be a solid evidence to prove that there was no intent of lewdness.

The Romeo and Juliet Law Connection with Lewd and Lascivious Cases

In 2007, a law was enacted in Florida which is known as the “Romeo and Juliet” law. This law allows particular individuals to appeal in the court for exclusion from the sex offender registry. Only those individuals are allowed to file a petition in court whose crime meet specific requirements. For information about this or any other crime, contact our Broward County Criminal Lawyers.

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