No one would deny that sex-related crimes should be prosecuted to the fullest extent of the law. But as with so many other necessary and well-intentioned public laws, the net is being cast too wide, ensnaring the wrong people rather than more dangerous offenders.
This was made painfully clear by the recent sentencing of two individuals found guilty of lewd and lascivious behavior following a 2014 incident which they had intercourse midday in a public beach. Among the witnesses to the act was a three-year-old.
It was the presence of a minor during this incident that lead to both participants being listed in Florida’s registry of sexual offenders and predators (in addition to two-and-a-half years of jail time). Those named in this public list remain forever barred from various locations, such as schools and playgrounds, to say nothing of the social stigma.
To be sure, engaging in such behavior in public is a crime, and rightfully so. But do two consenting adults having intercourse in an inappropriate setting really constitute a sex offense as people understand the term? Did legislators and citizens intend to group in those who make foolish decisions of this nature with those who prey on children or commit sexual abuse? If the main point of a sex offender registry is to protect the public those most likely to commit violent sexual acts against otherwise, why should that include those whose case does not fit the bill?
Given the broad application of this law – especially by prosecutors and officials seeking to look tough on a heinous class of crime – it is certainly conceivable that plenty of others are being unjustly and permanently listed as sex offenders for crimes not remotely of that nature.
Issues like this are why Adam Brofsky offers his services as a leading Criminal Law Attorney Miami. A founding partner of The Bauer Brofsky Law Firm, P.A., among the leading South Florida Law Firms, Adam Brofsky specializes on a broad range of legal matters related to criminal defense, personal injury, and juvenile dependency. With his meticulous attention to detail and steadfast commitment to each client, he has successfully defended and protected the rights of numerous individuals across Florida.
By providing exceptional one-on-one attention to every client, Mr. Brofsky provides invaluable guidance and direction in times of great needs. Know your rights. Do not let the system victimize you. Contact us at (305) 712-7979 or firstname.lastname@example.org.