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Man arrested on rape charge in Broward County

A Florida resident facing sexual assault charges stands to lose a great deal if convicted. A lengthy prison sentence is only one of the consequences. A person convicted of a felony sex crime is generally required to register as a sex offender, a lifelong stigma that can make it extremely difficult to find a job or even a place to live in many communities.

Recently a man from Delray Beach was arrested in Broward County on felony charges of sexual battery. According to police, the alleged victim went out drinking at a Fort Lauderdale nightclub on February 27 of this year. She awoke the following morning to find herself in a house in Boynton Beach. The accused man was allegedly on top of her.

The woman claims the man forced her to have sex, even though she asked several times for him to stop. She alleges the man then drove her to her home and dropped her off. According to police she was able to get the number from the man's license plate, and subsequently picked him out of a photo lineup.

Photo lineups can be very unreliable, especially if police conducted the lineup in such a way as to suggest the defendant is the alleged perpetrator. For example, if the defendant is the only person in the photo lineup who has a critical identifying feature of the alleged assailant, defense counsel can argue the lineup was suggestive. If the court agrees, the victim's identification of the defendant can be excluded from evidence at trial.

Source: Palm Beach Post, "Delray Beach man, 26, arrested on sexual battery charge," Julius Wigham II, April 23, 2014

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Andrew M. Coffey has been recognized as a Board Certified Civil Trial lawyer by the Florida Bar. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

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