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False Sex Offense Complaints

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talking to text on your smartphone, there may be misspelled words or sentence fragments.

December is False Sex Offense Complaint Awareness month. A sex offense complaint is where someone claims they’re a victim of a rape or in Florida, what we call a sexual battery, elude or lascivious offense, or some other type of sex crime when in fact it didn’t happen. Perhaps somebody feels guilty, perhaps they’ve been slut-shamed. There are a number of different reasons why people can make a false sex offense claim. Money is one of them quite often in high-profile cases. A lot of people are saying, as in the case of domestics, “Oh, these crimes are underreported”. Here is the reality. We are living in a rape culture. When someone’s accused of a sex offense and perspective jurors walk into the courtroom and they hear the charge, they are not sitting there — and I tell you this from practical experience having been in the courtroom. They are not sitting there looking at me and looking at my client and going, “Gosh, I wonder why the client was falsely accused”. No, they are sitting there thinking, “I wonder what he did”. This is a real problem when people can make a complaint on virtually no evidence whatsoever except testimony. And in cases of consensual sex, DNA is gathered but it really doesn’t mean anything because of the issue of consent.

A final point you may not be aware of. You’ve heard of polygraphs, you’ve heard they’re not admissible in court. Here is what you haven’t heard about Florida law. Did you know that if someone is found guilty or enters a plea of guilty or no contest to certain sex offenses, they are required, by law, to be polygraphed every single year? Now, let’s go into the common-sense corner over here. Before trial, a polygraph is not admissible but if someone is convicted, they have to take a polygraph every year. What this means is in our rape culture, we have a stacked deck. If you or someone you love is accused of a sex offense, contact Cobb Criminal Defense Law Firm. We’ll defend your rights as best we possibly can to the highest professional level.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talking to text on your smartphone, there may be misspelled words or sentence fragments.