Tampa Sex Crime Attorney

A conviction for a sex crime in Florida can be life-altering, with far-reaching consequences that affect your freedom, reputation, and future. Florida law mandates mandatory sex offender registration under Section 943.0435, Florida Statutes, and in some cases, individuals may be labeled as sexual predators under Section 775.21, Florida Statutes. These severe penalties can limit where you live, work, and socialize, leaving lasting social and legal consequences. Furthermore, the Florida Department of Law Enforcement (FDLE) makes offender details publicly available, easily accessible to anyone. This scarlet letter will crush anyone’s life as they know it.

If you or someone you care about is facing accusations of a sex crime in Tampa, Hillsborough County, or the Tampa Bay area, swift and strategic legal action is crucial. You need an experienced, dedicated defense attorney like Rocky Brancato of the Brancato Law Firm, P.A., to protect your rights. This is no ordinary accusation. It calls for an advocate with both specialized knowledge and experience.

Why Choose Rocky Brancato as Your Tampa Sex Crimes Defense Lawyer

With over 25 years of experience defending sex crime charges, Rocky Brancato is a trusted advocate who deeply understands criminal law. His extensive experience includes serving in an elite sex crimes unit, handling only cases involving sex crimes, child abuse, and homicide. This specialized background gives him unique insight into forensic evidence, police interrogation tactics, and prosecutorial strategies. During his years in this unit, Rocky Brancato learned advanced techniques that he will put to work for you.

Rocky also served as second-in-command at the Hillsborough County Public Defender’s Office, mentoring hundreds of attorneys in handling sex crime cases. His leadership in developing effective defense strategies has led to numerous successful outcomes for clients throughout the Tampa area.

The Urgency of Hiring a Skilled Sex Crimes Lawyer in Tampa

A conviction for a sex crime in Florida can result in a lifetime of monitoring, surveillance, and social stigma. Having the right defense lawyer can make all the difference in securing a favorable outcome. When selecting an attorney, don’t rely solely on an advertisement at the top of the page—those can be bought by any attorney. Rather, investigate the attorney’s credentials and experience. Ask whether they have tried sex crime cases and what the results were? They should be able to provide case numbers corresponding to their results.

Real Case Victories – Proven Success in Sex Crime Defense

Rocky Brancato has consistently secured favorable outcomes for clients facing serious sex crime allegations. Some of his notable victories include:

• False Sexual Molestation Allegations in Divorce: A military retiree was falsely accused of molesting his grandson by his wife during an open divorce action. Rocky showed the jury that the wife coached the child, in order for her to gain leverage in the divorce. Verdict: Not guilty.
• Sexual Predator Designation Stricken after Rocky Brancato Fights to Correct Sentencing Error: Recognizing Rocky Brancato’s deep expertise in sex crimes law, a client reached out to the Brancato Law Firm, P.A. for help challenging a sexual predator designation that had been imposed in 2021 while he was represented by a different firm. After a detailed review of the court file and relevant legal statutes, Rocky Brancato identified that the client did not meet the legal requirements for sexual predator classification. He promptly filed a motion to correct the sentencing error, which was initially denied. Refusing to accept the injustice, Attorney Brancato filed a motion for reconsideration. The prosecutor eventually agreed that Brancato’s legal analysis was correct, and the judge withdrew the prior ruling and removed the sexual predator designation. As a result, our client’s future has been permanently and profoundly improved.
• False Allegations by a Child with a Personal Dislike for the Defendant: An uncle was accused of sexually battering his niece in their home. The child did not like the uncle, who also lived in the small family home. Rocky Brancato conducted an in-person evaluation of the family home and, through cross-examination, demonstrated to the jury that the alleged offense would have been seen or overheard by family members if it had actually happened. Verdict: Not guilty.
• Mistaken Identity in Cold-Case Sexual Battery: A man was wrongly accused of rape in a cold-hit case from eight years prior his arrest. Rocky Brancato completed an extensive DNA analysis, including hiring an expert geneticist who attended depositions with him and helped frame the right questions. Charges dismissed!
• Social Media Evidence Leads to Case Dismissal: A man accused of sexual relations with a minor had charges dropped after Rocky’s in-depth research of the victim’s social media, which showed inconsistencies in her testimony and that she was much more different than how she portrayed herself in person.
• Inconsistencies in Lewd Conduct Case: Rocky exposed contradictions in the accusers’ testimony and questioned their ability to see the acts the claimed to see, leading to a misdemeanor, non-sex offense conviction instead of a felony.
• Consent Defense in Sexual Battery Case: Rocky convinced a jury that the activities of a man and woman in a van in Ybor City were consensual and not rape. Verdict: Not guilty of sexual battery.

Defending Against False Accusations & Common Defenses

False accusations in sex crime cases are more common than many realize, often arising from complex personal situations such as divorce battles, child custody disputes, or even mistaken identity. In such cases, emotions can run high, and false or exaggerated claims may be made from manipulation, revenge, or misunderstanding. These accusations can have devastating effects, even if they are false. If you are being falsely accused of a sex crime, you need to talk to an experienced attorney before the police come to talk to you. Do not wait! If police do come to talk to you, you should invoke your right to an attorney and call a skilled attorney right away. Do not talk to police without an attorney!

A skilled and experienced defense attorney is essential to identifying the inconsistencies and flaws in the accuser’s story. These might include contradictory statements, fabricated evidence, or timing discrepancies that can undermine the allegations’ credibility. A thorough investigation is critical to uncovering gaps in the prosecution’s case and exposing any motivations behind false claims. Although you are presumed innocent, police and prosecutors will not approach the case from that vantage point. They will assume you are guilty and act accordingly. You need a lawyer on your side who can change the narrative.

A seasoned lawyer will use proven defense strategies to prevent wrongful convictions. This may involve examining forensic evidence, conducting witness interviews, hiring experts, scrutinizing the crime scene and even doing an evidence view at the law enforcement agency’s evidence room. In some cases, expert psychological testimony can demonstrate how a false statement was made under pressure or manipulation. For example, police and prosecutors  may threaten to call the Department of Children and Families if certain witnesses do not cooperate in the way they want them to. This is not supposed to happen, but it does.

False accusations can ruin reputations and lead to unnecessary legal battles. Even a bare allegation of a sex crime can be devastating. You cannot afford to wait if you are in this situation. With the right legal representation, the truth can be uncovered. A dedicated attorney is essential to ensuring that false claims are effectively challenged, and justice is served.

False Confessions: A Leading Factor in Wrongful Convictions

False confessions are responsible for about 30% of wrongful convictions, highlighting the vulnerability of individuals during high-pressure interrogations. The psychological pressure and manipulation tactics used by police during interrogations can cause innocent people to make statements that contradict the truth. An example of this was demonstrated in the wildly popular Netflix series, “Making a Murderer,” which highlighted episodes where a false confession was made by a 16- year old boy with borderline intellectual disability.

In sex crime cases, Tampa Attorney Rocky Brancato conducts a meticulous review of any confession, analyzing the circumstances to ensure it was made voluntarily. This includes examining and transcribing audio and video recordings of interrogations, assessing factors such as the size of the interrogation room, the duration of questioning, and the interrogee’s mental state and suggestibility. He investigates whether coercive techniques—such as prolonged questioning, threats, intimidation, promises of leniency, or minimization of the allegations—were used. Additional scrutiny is given to potential sleep deprivation, isolation, or deprivation of food and water. Rocky also evaluates whether law enforcement suggested details and whether the confession aligns with independent facts and evidence. By collaborating with forensic psychology and interrogation experts, he identifies flaws in the confession process and challenges false admissions of guilt. Furthermore, he examines his client’s ability to understand Miranda warnings, a crucial factor in determining whether statements were given freely and voluntarily. His successful track record of filing motions to suppress false confessions has led to case dismissals and favorable outcomes for his clients.

Consent as a Defense:

In adult-on-adult sex crime cases, consent can serve as a viable defense when properly supported by evidence. Under Florida law, “consent” is defined as an intelligent, knowing, and voluntary agreement. This means that both parties must have willingly and affirmatively agreed to the sexual activity without any form of coercion, threats, intimidation, or deception. Mere submission due to fear or force does not constitute consent. Establishing a consent defense may involve presenting witness testimony, electronic communications, forensic evidence, or other documentation demonstrating that the accused reasonably believed the encounter was consensual and was in fact consensual.

However, when the alleged victim is a minor, Florida law imposes strict limitations on consent as a defense. In cases involving juvenile victims, consent is generally not a permissible defense due to the legal presumption that minors are incapable of providing valid consent to sexual activity with an adult. The only exception to this rule is the “close-in-age” exemption under Section 794.05, Florida Statutes, which applies to certain cases where the age difference between the individuals falls within a legally specified range. This exception is designed to prevent the criminalization of consensual relationships between young individuals who are close in age, but it does not apply when the accused is significantly older than the minor.

Due to these legal complexities, successfully asserting a consent defense requires a thorough investigation into the facts of the case, including the nature of the relationship, the conduct leading up to the alleged offense, and any evidence that supports a lack of force or coercion. Rocky Brancato employs a strategic approach in analyzing these factors, ensuring that every available defense is explored and vigorously presented to protect his clients’ rights.

Ignorance of the Victim’s Age: No Defense Under Florida Law

Florida law strictly prohibits ignorance or mistaken belief regarding a victim’s age as a defense in sex crime cases involving minors. Even if a defendant had a genuine and reasonable belief that the alleged victim was of legal age—based on the victim’s appearance, statements, or conduct—this does not absolve criminal liability. The law imposes strict liability, meaning that if the alleged victim is legally considered a minor, the accused can be convicted regardless of their knowledge or intent concerning the victim’s actual age.

This legal standard applies to various offenses, including statutory sexual battery, lewd or lascivious acts, and unlawful sexual activity with a minor. Even if the minor actively misrepresented their age—through false identification, social media profiles, or verbal assurances—Florida courts have consistently ruled that such misrepresentation does not negate the legal prohibition against engaging in sexual activity with a minor.

While ignorance of the victim’s age is not a legal defense, it can sometimes be a factor in plea negotiations or sentencing considerations. Prosecutors may exercise discretion in cases where:

• The victim willfully misrepresented their age in a convincing manner.
• The victim appeared older and engaged in behaviors that led the accused to reasonably believe they were of legal age.
• There is evidence, such as text messages or online profiles, supporting the defendant’s mistaken belief.

In such cases, an experienced Tampa defense attorney like Rocky Brancato can present mitigating factors to the prosecution in an effort to negotiate reduced charges, alternative sentencing options, or more favorable plea agreements. These arguments may help secure lesser penalties, such as probation instead of incarceration, or allow for the avoidance of mandatory sex offender registration in certain cases.

Florida’s Rape Shield Law – Section 794.022, Florida Statutes

Florida’s Rape Shield Law is designed to protect victims in sex crime cases by limiting the admissibility of their past sexual history in court. Under this law, specific instances of prior consensual sexual activity between the alleged victim and anyone other than the accused are generally inadmissible as evidence in prosecutions for certain sex crimes, including sexual battery. This statute aims to prevent unfair character attacks and ensure that trials focus on the facts of the case rather than the victim’s past.

However, an experienced Tampa sex crimes attorney understands that there are critical exceptions to this law that can be leveraged in a strong defense. The statute requires counsel to set an “in camera” proceeding before the judge to review and analyze whether the exception is applicable. These exceptions allow for the admission of certain sexual history evidence in situations where it is relevant and necessary for a fair trial, such as:

• To explain the source of the victim’s injuries – If forensic evidence suggests physical trauma, prior sexual activity may be relevant in determining its true cause. See Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1994).
• To establish prior sexual knowledge – In cases involving minors or claims of sexual inexperience, proving prior knowledge or exposure may challenge the credibility of certain allegations. See Dixon v. State, 605 So. 2d 960 (Fla. 2d DCA 1992).
• To demonstrate a motive to lie – If an accuser has a reason to fabricate claims (such as revenge, custody disputes, or external pressure), evidence of past sexual conduct may help expose false accusations. See Lewis v. State, 591 So. 2d 922 (Fla. 1991).
• To show a pattern of conduct – If the accuser has a history of making similar false allegations, this information may be vital in challenging credibility. See Carlyle v. State, 945 So. 2d 540 (Fla. 2d DCA 2006).

Without a deep understanding of how and when to introduce this evidence, an otherwise strong defense could be compromised. Attorney Rocky Brancato has extensive experience navigating Florida’s complex evidentiary rules and knows how to strategically challenge allegations while ensuring his clients receive a fair trial.

Defending Against Child Pornography Charges in Florida

Child pornography charges are among the most serious offenses under Florida law, often carrying severe penalties, including mandatory prison time, sex offender registration, and lifelong consequences. Successfully defending against these charges requires a comprehensive and highly technical legal approach, given the complex nature of digital evidence and the strict liability associated with these offenses.

Since child pornography cases heavily rely on electronic evidence, a strong defense often involves an extensive forensic review of the devices in question. This process includes:

• Tracing the Source of the Files – Determining whether the accused knowingly downloaded, shared, or possessed illicit material, or if the files were received unknowingly through malware, spam emails, or automatic downloads.
• Examining Metadata – Investigating file timestamps, access logs, and download history to establish whether the defendant intentionally accessed or stored illegal material.
• Assessing Ownership and Control – Confirming whether the accused had actual control over the device or account in question, especially in cases involving shared computers, unsecured networks, or hacked accounts.
• Identifying Law Enforcement Misconduct – Reviewing the methods used in the investigation to determine whether authorities conducted illegal searches, used flawed forensic techniques, or engaged in entrapment tactics.

Tampa attorney Rocky Brancato has the experience in handling child pornography cases to enable him investigate the case properly and present defenses, such as:

1. Lack of Knowledge or Intent
   • Florida law requires proof that the accused knowingly possessed or distributed child pornography. If illicit files were unknowingly downloaded due to malware, pop-ups, or auto-saved from a website, a lack of intent can be a critical defense.
2. Unintentional Possession or Automatic Downloads
   • Many internet users unknowingly receive or store files without ever opening them. If evidence suggests that the accused was unaware of the content’s presence on their device, this could weaken the prosecution’s case.
3. Hacked Accounts or Unauthorized Use
   • In cases where multiple individuals have access to a computer or online account, it is possible that someone else downloaded the material. A forensic analysis can reveal evidence of unauthorized access.
4. Entrapment by Law Enforcement
   • In some cases, law enforcement may have used questionable investigative techniques, such as coercing individuals into downloading illegal content. If entrapment occurred, the charges may be challenged.
5. Corrupt or Mishandled Evidence
   • Digital evidence is highly susceptible to corruption, accidental deletion, or misinterpretation. If investigators failed to follow proper forensic protocols, a defense attorney can challenge the validity of the evidence.

Given the complexity of these cases, it is crucial to work with an attorney who has extensive experience handling child pornography charges and collaborating with forensic computer experts. His experience working alongside multiple forensic computer experts provides a critical advantage in challenging flawed investigations and protecting his clients’ rights.

A strong defense can mean the difference between a conviction with life-altering consequences and a successful resolution of the case. With aggressive legal representation, it is possible to challenge the evidence, negotiate reduced charges, or even achieve case dismissals in certain situations.

The Role of Sexual Assault Nurse Examiners (SANE) in Sex Crime Cases

Sexual Assault Nurse Examiners (SANE) play a critical role in law enforcement investigations by conducting forensic medical examinations of alleged sexual assault victims. Their responsibilities include collecting clothing, biological evidence (such as DNA swabs, bodily fluids, and hair samples), photographing and documenting injuries, and preparing detailed reports that prosecutors often rely on in court. However, while their findings are influential, they are not infallible and can sometimes be challenged in legal proceedings.

Although SANEs receive specialized training in forensic evidence collection, they are not medical doctors, and their evaluations are not always definitive. Several factors can impact the reliability of their findings, including:

1. Confirmation Bias
   • SANEs often work closely with law enforcement and prosecutors, which may create a subconscious tendency to interpret findings in a way that supports an accusation. Because they frequently deal with genuine victims, they may assume all cases involve sexual assault, leading to biased conclusions.
2. Misinterpretation of Injuries
   • Injuries documented during a SANE examination, including genital trauma or bruising, are sometimes mistakenly attributed to sexual assault when they may result from other causes, such as consensual sexual activity, sports injuries, medical conditions, or even routine gynecological exams.
   • Forensic literature acknowledges that a lack of injuries does not prove that an assault did not occur, just as the presence of injuries does not automatically confirm sexual assault.
3. Limitations in Medical Training
   • While SANEs receive forensic training, they do not have the same level of medical expertise as forensic pathologists or medical doctors. This can lead to overstatements in their reports or a failure to consider alternative explanations for injuries.

Because SANE reports and testimony can heavily influence a jury, it is essential to critically examine their conclusions. Attorney Rocky Brancato collaborates with highly experienced medical experts, including forensic pathologists and gynecologists, to provide independent evaluations of forensic findings. These experts offer:

• Objective, science-based analysis of injuries, ensuring that non-criminal explanations are considered.
• Testimony that can counter misleading conclusions, especially when injuries (or a lack thereof) are misinterpreted.
• More credibility in court — judges and juries often find testimony from a licensed medical doctor more persuasive than that of a SANE nurse.

Given the weight that SANE testimony carries in sexual assault cases, a strong defense involves scrutinizing every aspect of their examination, including:

• The thoroughness of the forensic collection process.
• Whether evidence was contaminated, mishandled, or misinterpreted.
• Alternative explanations for physical findings.
• Potential biases in the examiner’s report or testimony.

By leveraging expert testimony and exposing weaknesses in forensic conclusions, Rocky Brancato builds a powerful defense strategy to protect his clients from wrongful accusations.

The Importance of Forensic Interviews in Child Sex Abuse Cases

In child sex abuse investigations, the forensic interview is one of the most important pieces of evidence the prosecution will rely on. These interviews are conducted at Children’s Advocacy Centers like Mary Lee’s House in Tampa by specially trained professionals who use neutral, non-leading questioning to give children the chance to speak in their own words. The interviews are recorded, observed by a multidisciplinary team through a one-way mirror, and often guided in real-time by law enforcement, child protective investigators, and medical professionals. The goal is to ensure that any disclosure is accurate and free from outside influence.

However, the reliability of a child’s statement can be compromised long before the formal forensic interview takes place. Untrained adults—including parents, teachers, foster care providers, and even investigators—sometimes speak to the child beforehand, unintentionally asking leading questions or expressing opinions that can shape a child’s narrative. Once that narrative takes hold, even a properly conducted interview may not be able to correct it.

Tampa defense attorney Rocky Brancato, founder of The Brancato Law Firm, P.A., has over 25 years of experience defending clients accused of child abuse and sex crimes. He carefully analyzes every step of the interview process—from the earliest conversations to the formal CAC interview—to identify improper questioning, coaching, or procedural flaws that may have affected the child’s account. His detailed approach helps ensure that contaminated testimony is exposed and that only reliable evidence is considered in your defense.

Risk Assessment in Sexual Offense Cases: A Critical Tool for Defense

In cases involving lower- to mid-level sexual offenses, a risk assessment can play a crucial role in shaping the outcome of a case. These assessments, conducted by forensic psychologists or other qualified experts, evaluate an individual’s likelihood of reoffending and provide courts with valuable insights beyond the charges themselves. A skilled Tampa attorney, like Rocky Brancato, can strategically use a risk assessment to advocate for reduced charges, alternative sentencing, or more lenient plea agreements.

A risk assessment is a structured evaluation that analyzes various factors to determine whether an individual presents a high, moderate, or low risk of committing another sexual offense. These assessments rely on:

• Validated actuarial tools – scientifically developed tests that predict recidivism rates based on statistical data.
• Clinical interviews – in-depth discussions with the accused to assess personal history, psychological state, and attitudes toward offending.
• Review of case details – examining the specifics of the alleged offense, prior criminal history, and mitigating circumstances.

Risk assessments consider a wide range of variables, including:

1. Criminal History – Whether the accused has prior convictions for sex-related crimes or a pattern of concerning behavior.
2. Nature of the Alleged Offense – Assessing whether force, coercion, or premeditation was involved.
3. Age and Psychological Profile – Evaluating the defendant’s emotional stability, impulse control, and any underlying psychological disorders.
4. Substance Abuse History – Determining whether drug or alcohol use contributed to the alleged offense.
5. Support System and Rehabilitation Potential – Considering family support, employment stability, and willingness to undergo treatment.
6. Static vs. Dynamic Risk Factors – Static factors (unchangeable elements like criminal history) and dynamic factors (changeable aspects like treatment engagement) help in assessing long-term risk.

Risk assessments can be helpful to the defense, especially in cases where the evidence is strong and the case does not appear very triable before a jury. Risk assessments can help by:

1. Influencing Plea Negotiations
   • If an assessment determines that the defendant poses a low risk of reoffending, the defense can present this as evidence to the prosecutor, arguing for reduced charges, probation, or diversion programs instead of incarceration.
2. Impacting Sentencing Decisions
   • Judges often consider risk assessments when determining sentences. A favorable evaluation can support arguments for alternative sentencing, such as treatment programs instead of jail time.
3. Avoiding Harsh Consequences
   • For certain sex crime charges, avoiding mandatory sex offender registration is a priority. A low-risk assessment may help in persuading the court to impose a non-registerable offense.

Not all attorneys understand how to leverage risk assessments effectively in a sex crimes defense. Rocky Brancato works with highly qualified forensic experts to ensure that risk assessments are properly conducted and used strategically to benefit his clients. By proactively arranging an assessment and presenting it at the right stage of negotiations, he increases the likelihood of securing more favorable outcomes, including charge reductions, alternative sentencing, or even case dismissals.

Understanding Florida’s Age of Consent Laws

Florida law establishes 18 as the legal age of consent, meaning that individuals younger than 18 are generally considered unable to legally consent to sexual activity. However, recognizing that young adults often engage in consensual relationships with slightly younger partners, Florida provides a close-in-age exception to protect certain individuals from prosecution. Despite these legal allowances, misunderstandings, parental intervention, and social stigma can still result in criminal charges, making it essential to understand the law and its implications.

Under Section 794.05, Florida Statutes, Florida law allows individuals aged 16 or 17 to engage in consensual sexual relationships with partners who are under 24 years old without it being considered a criminal offense. This exception is meant to prevent the prosecution of young adults involved in legitimate relationships with older teenagers.

If your young person falls within the age range of the close-in-age-exception and if they are charged with a crime, Attorney Rocky Brancato from the Brancato Law Firm, P.A. can help protect their future.

Understanding Florida’s Exception to Privileged Communications in Child Abuse Cases

Florida law presents a difficult dilemma for individuals seeking help for past sexual abuse—particularly when those disclosures might involve harm to a child. While conversations with therapists, doctors, and even spouses are generally protected by confidentiality, Florida Statute §39.204 creates a clear exception in cases involving suspected child abuse(including child sexual abuse), abandonment, or neglect. In these situations, the law overrides most traditional privileges, allowing or even requiring those professionals to report what was said. A disclosure made in a counseling session or private conversation could quickly become part of a criminal investigation.

Florida courts have upheld this approach, emphasizing that child protection takes precedence over confidentiality. In Hill v. State, 846 So. 2d 1208 (Fla. 5th DCA 2008) the court affirmed that the duty to report abuse outweighs the right to keep certain communications private. While this legal framework is designed to protect children, it can discourage individuals from seeking support or treatment out of fear that seeking help will lead to prosecution. The only clear exception is the attorney-client privilege, which remains fully protected under the law. A qualified sex crimes attorney can explain your options.

Romeo & Juliet Laws, Section 943.04354, Florida Statute

Under Florida law, individuals may seek removal from the sexual offender or predator registry if they meet specific criteria. These include having been convicted of certain offenses without additional convictions, being required to register solely due to that conviction, and the victim being between 13 and 17 years old, with the offender no more than four years older. To request removal, individuals must file a motion in the appropriate circuit court and provide evidence that they meet the criteria and that removal does not conflict with federal law. If the court grants the motion, the person must submit a certified copy of the court order to the Department of Law Enforcement, which will remove them from the public registry, though their criminal history remains available as a public record.

Petitioning for removal from the sex offender registry under Florida’s Romeo & Juliet Law requires a deep understanding of legal procedures and forensic evidence. Prosecutors may oppose the motion, and courts require compelling documentation to grant relief.

Rocky Brancato has extensive experience navigating complex sex offender registry laws. He will prepare a thorough petitions, and advocating for your young one seeking relief under the Romeo & Juliet exception. His strategic approach includes:

• Gathering and presenting strong evidence to prove eligibility.
• Countering opposition from prosecutors who may argue against removal.
• Ensuring compliance with state and federal laws to avoid future legal complications.

Common Sex Crime Charges We Defend in Tampa & Hillsborough County

At The Brancato Law Firm, P.A., we provide aggressive legal defense for individuals facing a wide range of sex crime charges in Tampa, Hillsborough County, and the surrounding areas. Sex crime allegations carry severe legal consequences, including mandatory prison time, sex offender registration, and social stigma. We understand that false accusations, misunderstandings, and constitutional violations often play a role in these cases. Our firm is committed to fighting for your rights and challenging weak evidence to protect your future.

Below are some of the most common sex crime charges we defend:

Sexual Misconduct – Florida Statutes §§ 393.135, 394.4593

Sexual misconduct occurs when an individual in a position of authority or trust engages in sexual acts with a vulnerable person, such as a disabled individual, patient, or detainee in state custody. This charge often arises in nursing homes, mental health facilities, or correctional institutions.

Defense Strategies:

• Lack of evidence proving sexual contact occurred.
• Consent may be a defense in certain cases.
• Challenging the credibility of the accuser.

Kidnapping of a Child – Florida Statutes §§ 787.01, 787.02, 787.025

Kidnapping a minor involves forcibly abducting, confining, or transporting a child against their will or without parental consent. This charge often arises in cases involving custody disputes or allegations of luring a child for sexual purposes.

Defense Strategies:

• No intent to commit a felony (such as sexual battery or trafficking).
• The accused was a legal guardian or had lawful custody.
• False accusations due to family conflicts or custody battles.

Human Trafficking – Florida Statutes § 787.06

Human trafficking charges involve exploitation, forced labor, or coercion of individuals—often for commercial sexual activity. Law enforcement aggressively prosecutes these cases, and Florida imposes harsh mandatory sentences for convictions.

Defense Strategies:

• Lack of force, fraud, or coercion (which are required for trafficking charges).
• Mistaken identity or wrongful accusations.
• Violation of constitutional rights during the investigation.

Sexual Battery – Florida Statutes § 794.011

Sexual battery, also known as rape, is one of the most serious sex crimes in Florida. It involves non-consensual sexual penetration or contact and can result in life imprisonment if the victim is a minor or if force or violence is involved.

Defense Strategies:

• Consent (in adult-on-adult cases).
• False accusations due to revenge, regret, or mistaken identity.
• Insufficient evidence or lack of forensic proof.

Unlawful Sexual Activity with Minors – Florida Statutes § 794.05

This charge applies when an adult over 24 years old engages in consensual sex with a minor aged 16 or 17. Florida law considers individuals under 18 years old incapable of consenting, regardless of their willingness.

Defense Strategies:

• Romeo & Juliet Law (close-in-age exception for certain cases).
• Lack of evidence proving the sexual act occurred.
• No intent or mistaken belief about the victim’s age is generally not a defense but can be considered in plea negotiations.

Lewd or Lascivious Offenses – Florida Statutes §§ 800.04, 825.1025

These offenses include indecent exposure, sexual touching, or inappropriate behavior involving minors or vulnerable adults. Charges range from lewd conduct to molestation or exhibitionism and can result in sex offender registration.

Defense Strategies:

• No sexual intent (e.g., accidental exposure).
• False allegations due to child custody disputes or parental influence.
• Insufficient evidence or lack of corroborating testimony.

Digital Voyeurism – Florida Statutes § 810.145

This charge involves using cameras, hidden recording devices, or electronic surveillance to secretly record or observe individuals in private settings. This often applies to cases involving bathrooms, dressing rooms, or bedrooms.

Defense Strategies:

• Lack of criminal intent (e.g., accidental recording).
• No expectation of privacy in the location.
• Constitutional violations in how the evidence was obtained.

Sexual Performance by a Child – Florida Statutes § 827.071

This law criminalizes producing, directing, or possessing material depicting minors in sexual situations. A conviction can result in lengthy prison sentences and mandatory sex offender registration.

Defense Strategies:

• Lack of knowledge that the individual was a minor.
• Unintentional possession (e.g., files downloaded unknowingly).
• Illegal search and seizure of digital evidence.

Obscenity, Pornography & Traveling to Meet a Minor – Florida Statutes §§ 847.0133, 847.0135, 847.0137, 847.0138

These laws criminalize various online sexual offenses, including:

• Possessing or distributing child pornography.
• Sending sexually explicit material to a minor.
• Soliciting a minor online or traveling to meet a minor for illegal purposes.

Defense Strategies:

• Entrapment by law enforcement during online sting operations.
• Lack of criminal intent (e.g., mistaken identity in online chats).
• Violation of Fourth Amendment rights in digital evidence searches.

Prostitution & Solicitation – Florida Statutes § 796.07

Prostitution-related charges include: 

• Soliciting or engaging in prostitution.
• Pimping or profiting from prostitution.
• Human trafficking charges in cases involving minors.

Defense Strategies:

• Entrapment by undercover officers.
• Lack of criminal intent or mistaken identity.
• Violation of constitutional rights during the arrest.

Failure to Register as a Sex Offender – Florida Statutes § 943.0435

Sex offenders in Florida must comply with strict reporting and registration requirements. Failing to update an address, employment status, or other information can result in felony charges and additional penalties.

Defense Strategies:

• Lack of intent or misunderstanding of reporting deadlines.
• Administrative errors or misinformation from law enforcement.
• Constitutional challenges to the registration process.

Put Rocky in Your Corner to Give You Your Best Defense

At The Brancato Law Firm, P.A., we understand the high stakes involved in sex crime cases. Our legal team aggressively defends clients by:

• Conducting independent investigations to challenge weak evidence.
• Working with forensic and digital experts to dispute prosecution claims.
• Filing motions to suppress illegally obtained evidence.
• Negotiating plea deals when appropriate to avoid harsh penalties.

With extensive experience defending sex crime charges in Tampa and Hillsborough County, Rocky Brancato is committed to protecting your rights, your reputation, and your future. If you or a loved one is facing sex crime allegations, contact us immediately to begin building a strong defense.

Call (813) 592-8981 for a free, confidential consultation.

If you are facing sex crime charges in Tampa, St. Petersburg, Clearwater, or anywhere in the Tampa Bay area, don’t delay. Contact Rocky Brancato at The Brancato Law Firm, P.A. for a free consultation and take the first step toward safeguarding your future.

Serving: Tampa, Hillsborough County, Pinellas County, Pasco County, and all of Tampa Bay.

Tampa Sex Crimes Defense – Frequently Asked Questions (FAQ)

What should I do if I’m accused of a sex crime in Tampa?

If you are being investigated or have been accused of a sex crime in Tampa or anywhere in the Tampa Bay area, the most important thing you can do is remain silent and contact an experienced sex crimes defense attorney immediately. Do not speak to police without legal counsel, even if you believe the accusations are false or a misunderstanding. Early legal intervention is critical to protecting your rights and building a defense.

What penalties am I facing for a sex crime conviction in Florida?

A conviction can lead to prison time, mandatory registration as a sex offender or sexual predator, loss of civil rights, public shaming, and lifelong restrictions on where you live and work. Some charges carry mandatory minimum sentences and registration under Florida Statutes §§ 943.0435 or 775.21. The consequences extend far beyond the courtroom and can destroy your future if not handled correctly.

What is the difference between a sexual offender and a sexual predator in Florida?

A sexual predator designation under §775.21 carries more severe reporting and monitoring requirements than sexual offender status under §943.0435. Not every person convicted of a sex crime qualifies for the predator designation, but prosecutors sometimes seek it anyway. Attorney Rocky Brancato has successfully fought to remove improper predator classifications for clients.

Can I be removed from the sex offender registry in Florida?

Possibly, under Florida’s Romeo & Juliet Law (§943.04354), which allows certain individuals to petition for removal if specific criteria are met. Rocky Brancato helps eligible clients prepare thorough petitions and counter prosecutorial objections to seek removal when the law permits it.

How common are false accusations in sex crimes cases?

More common than most people realize. False allegations often arise from divorce, custody disputes, personal grudges, or misunderstandings. Rocky Brancato has a proven track record of exposing inconsistencies and motivations behind false claims through thorough investigation and expert analysis.

What are some real examples of sex crime defenses that worked?

Rocky Brancato has secured:

• Not guilty verdicts in molestation and sexual battery trials based on uncovering coaching, inconsistent testimony, or impossibility.

• Dismissals in cold-case rape and digital evidence cases through expert forensic reviews.

• Reductions from felony sex charges to misdemeanors based on flawed witness accounts or evidence.

Is consent a defense in sex crime cases?

In adult-on-adult cases, yes. Consent must be freely and affirmatively given. However, in cases involving minors, consent is not a legal defense unless the close-in-age exemption under §794.05 applies. Rocky Brancato builds consent-based defenses when appropriate and carefully investigates each relationship dynamic.

What if I didn’t know the alleged victim was underage?

Unfortunately, ignorance or mistaken belief about a victim’s age is not a defense under Florida law. However, it may be used in plea negotiations to secure reduced charges or sentencing. Evidence that the alleged victim misrepresented their age can be critical in shaping the outcome.

Can a confession be challenged?

Yes. False confessions occur more often than many believe, especially under police pressure. Rocky Brancato examines interrogation recordings, Miranda warnings, and psychological coercion tactics to file motions to suppress unlawful confessions.

What is Florida’s rape shield law, and can I challenge the accuser’s sexual history?

Under §794.022, prior sexual conduct is usually inadmissible. But there are exceptions, such as explaining injuries, establishing motive to lie, or showing prior sexual knowledge. Rocky Brancato knows how to properly file in-camera motions to introduce such evidence when legally justified.

How can expert witnesses help in my defense?

Rocky Brancato collaborates with forensic experts in DNA analysis, computer forensics, psychology, and medicine to challenge prosecution evidence, explain alternative findings, or uncover errors in collection or interpretation. Expert testimony often shifts the case outcome.

What role does a SANE nurse play in a sex crime case?

Sexual Assault Nurse Examiners (SANEs) conduct forensic exams. Their reports carry significant weight in court, but they are not doctors, and their conclusions can be challenged. Rocky Brancato works with independent physicians and forensic pathologists to review and rebut flawed findings.

How reliable are child forensic interviews in sex abuse cases?

These interviews can be highly influential, but their reliability may be compromised by prior coaching or improper questioning by adults. Rocky Brancato reviews the full timeline of statements to identify suggestibility or contamination that may affect the child’s account.

Can a risk assessment help me in a sex crime case?

Possibly, especially in cases where a plea or sentencing is being negotiated. A low-risk assessment by a qualified expert may support a request for probation or a non-registerable offense. Rocky Brancato uses these evaluations strategically to mitigate outcomes in difficult cases.

Are there defenses to child pornography charges?

Yes. Common defenses include:

• Lack of knowledge or intent (e.g., auto-downloads or malware)

• Unauthorized access to your device

• Mishandled or corrupted digital evidence

• Entrapment by law enforcement

Rocky Brancato works with forensic computer experts to investigate how material arrived on a device and whether it was accessed knowingly.

Can I be charged with a sex crime if I sent a message or image online?

Yes. Florida law criminalizes sexting with minors, solicitation, and even attempting to meet a minor through online chats, regardless of whether a meeting occurred. However, many of these cases involve undercover officers or misleading online identities. Entrapment and lack of intent are common defenses.

What if I forgot to register or update my address as a sex offender?

Failure to comply with registration rules is a felony in Florida. However, prosecutors must prove willfulness. If you misunderstood the rules or received bad information from law enforcement, Rocky Brancato can challenge the charge or negotiate a more favorable resolution.

Why should I hire Rocky Brancato over other Tampa sex crime attorneys?

• Over 25 years of experience, including leadership in a specialized sex crimes unit

• Record of success in jury trials, motions to suppress, and registry removals

• Strategic use of forensic experts, risk assessments, and evidence analysis

• Personalized attention and relentless advocacy for every client

Don’t hire based on an ad. Ask what real experience the attorney has. Rocky Brancato can provide case numbers, results, and expert insight into what works—and what doesn’t—when your future is on the line.