Recently in Lewd and Lascivious Battery Category

January 26, 2012

Carissa Rangel Arrested in Fort Lauderdale for Sex with Minor

Carissa Rangel was arrested in Fort Lauderdale, Florida for lewd or lascivious battery, lewd or lascivious conduct, lewd and lascivious molestation, and violation of probation. A judge set her bail bond on the lewd or lascivious battery charges at $25,000, but denied her bond on the probation violation. Rangel was also ordered not to contact the 13-year-old. No word yet on whether or not she has retained a private criminal defense attorney.Fort Lauderdale Criminal Lawyer Brian Y. Silber, Esq.jpg

According to a police affidavit, the alleged victim, a 13 year old boy, told authorities that he and Rangel went outside his family's apartment, where she kissed and fondled him, exposed herself and urinated on the ground. They then went inside, where Rangel told the boy to lock the door to his bedroom before the two engaged in unprotected sex.

The mother of the teen said she heard moans coming from his bedroom at about 1:15 a.m. and that when she checked on her son, she caught the two having sex in his room. She also says that when she caught Rangel, Rangel told her that she was "getting it done right."

The mother kicked Rangel out of her home and immediately notified authorities.

The teen told police that he had had unprotected sex twice before with Rangel in the City of Hobe Sound. While Rangel is not a stranger to the victim's family, her relationship with the family is unknown.

While lewd or lascivious battery cases between women and teenage boys are uncommon, they are prosecuted just the same as cases where a grown man is the alleged offender.

Contrary to most people's misconception, the "victim's" consent and willful participation in the sex act is not a defense to lewd or lascivious battery. In fact, that is main difference between sexual battery (aka "rape") and lewd or lascivious battery.

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January 22, 2012

JOE PATERNO DEAD: How it Effects the Criminal Case

Joe Paterno is dead at 85. Penn State sex scandal coach died this morning after succumbing to lung cancer. According to news reports, Joe Paterno was diagnosed with lung cancer in mid-November. The diagnosis came after a follow-up visit to his doctor's office for a bronchial illness.Joe Paterno Dead.jpg

There is no doubt in my mind that the stress imposed by the Penn State sex scandal played a significant role in Joe Paterno's death.

Obviously I don't say this directly. Rather, I am sure his immune system took a major dip while under the mental and emotional stress of the sex scandal. At his age, it is no surprise that an underlying illness, likely on the brink of explosion, broke the surface following a major emotionally stressful event.

EFFECT ON THE CRIMINAL CASE

From a criminal law perspective, this means that Joe Paterno will not be able to testify in any trials. At this early stage in the case, it is unlikely that he has even given a sworn statement in the form of a discovery deposition.

While I am not a Pennsylvania lawyer, the Florida Rules of Evidence do permit the perpetuation of a deceased witness's sworn statement under very limited circumstances.

If this case were to go to trial and those circumstances were met, a transcript or a video (if one was made) of the statement would simply be admitted into evidence and presented to the jury.

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January 19, 2012

Raymond Vincent Arrested for Lewd and Lascivious Molestation in Fort Lauderdale

Raymond Vincent was arrested in Fort Lauderdale on Tuesday on three counts of lewd or lascivious molestation on a victim under 12. Vincent, who works at McDonalds, was booked in the Broward County Jail. He was denied bail bond at his first court appearance on Wednesday.

There is no forthcoming information yet as to whether or not he has a criminal defense attorney.

The victim, who talked to police about the crimes, indicated that she was molested three times between May 2011 and January 15, 2012. She said that after all three incidents, Vincent instructed her not to tell anyone what he had done. According to the affidavit, the last incident occurred when Vincent offered the girl food to get her into his apartment. Once she was inside, she washed her hands and Vincent inappropriately touched her and tried to get her to sit on his lap. The child indicated that this was typical for each incident.

Unfortunately, this is not the first time Fort Lauderdale has seen sex offenders who target children.

The recent high-profile case where a 15-year-old girl was allegedly raped on a cruise ship by Luiz Scavone, 20, and a minor companion occurred on a vessel that embarked from Fort Lauderdale.

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January 19, 2012

40 Men Arrested in Osceola County, Florida Child Sex Sting

A sexual assault sting in Osceola County, Florida netted 40 arrests for Attempted Lewd or Lascivious Battery on a Child, Travel to Seduce Child to Commit Sex Acts, Use of a Computer to Solicit Child for Sex, and Possession of Alcohol by a Minor. The undercover operation was designed to catch adults pursuing sex with minors on the internet.

Given the extremely serious nature of these offenses, those arrested should hire a private criminal defense attorney who has experience dealing with sexual offenses, especially lewd and lascivious molestation charges.

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Those arrested include professional golfer Stephen Wesley Thomas, middle school teacher Alexander Roy, swim coach Bryan Woodward, and a handful of college students.

The sting, dubbed "Operation Red Cheeks," ran for one week between January 8-16.

Some, who thought they were talking to parents or guardians during the sting, were also charged with Use of a Computer to Seduce/Solicit/Entice a Parent, Legal Guardian or Custodian of Child to Commit Sex Acts of the Child and Travel to Seduce, Solicit, or Lure a Parent, Guardian, or Custodian to Consent to Commit Sex Acts with a Child.

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January 6, 2012

Luiz Scavone Arrested in Fort Lauderdale, Florida for Lewd and Lascivious Battery

Luiz Scavone, 20, was arrested Fort Lauderdale, Florida, earlier this week for lewd and lascivious battery. Also arrested was an unnamed 15 year old boy. Both are accused of raping a 15 year old girl aboard the Royal Caribbean Cruise Lines ship called the Allure of the Seas. It is not yet known if Luis Scavone or the boy are represented by a criminal defense lawyer in Fort Lauderdale.Fort Lauderdale Criminal Lawyer Brian Y. Silber, Esq.jpg

According to local news sources, the girl and her family set sail from Fort Lauderdale on a ten-day Royal Caribbean cruise aboard the Allure of the Seas. On the last night of the cruise, the girl went to "Fuel," an onboard teen club. Shortly before 2:00 o'clock in the morning, she was approached by a boy her age about a party being held in his cabin. The girl thought she would be meeting up with friends in his room and agreed to go with him.

However, much to her surprise, an adult male was waiting for her when she arrived at the room. The girl tried to leave the room by explaining that she had a curfew, but Luis Scavone and the 15 year old boy allegedly kept her against her will.

The girl claims that Luiz Scavone and the 15-year-old boy then raped her. As soon as she was able to leave the room, she immediately reported the rape to the cruise ship officials. According to a Royal Caribbean spokeswoman, the incident was immediately reported to the FBI and the Broward Sheriff's Office.

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