Crimes Against Children

April 4, 2009
By Musca Law on April 4, 2009 10:50 PM |
Crimes committed against children usually spark the most media attention and the most public outrage. The heavily publicized murder case of Caylee Anthony, who went missing last summer here in Florida, has drawn outrage not only in Caylee's own community but nationally. Her mother, Casey Anthony, has been charged with the toddler's murder. The girl's body was not located until months after her disappearance. Casey Anthony has told investigators that she left Caylee with a babysitter by the name of Zenaida Gonzalez, a story law enforcement officials believe is a fabrication. Gonzalez, who resides in Kissimmee, says she was unfamiliar with the Anthonys until police contacted her regarding the investigation. She has filed a civil lawsuit against Casey Anthony, alleging defamation.

The standards for proving murder do not change with the victim's age. However, children are an especially vulnerable population, so certain crimes are only made criminal acts because children are victimized. Other crimes are punished more severely when people under the age of 18 are involved.

Child sex offenses, for example, are punished more severely depending on the victim's age. A person who commits a sexual offense against victim under the age of 12 will face charges particularized child sex charges. Ignorance of the child's age is not a defense for committing the act and it does not matter if the child lied about his or her age such that the perpetrator actually believed the contact was consensual. Children cannot consent to sex acts.

Child abuse and child neglect are crimes that relate to the victim's age. A parent who strikes another adult would be guilty of battery, but doing so to her child becomes child abuse because of the special status of children under the law. Similarly, child neglect occurs when a parent or caretaker does not provide for a child's basic needs. Parents and guardians have a duty to care for their children.

If you have been accused of a child sex offense or any other crime, contact the Florida criminal defense lawyers at Musca Law to discuss your defense.