Sex Offense Crimes

How Does Mississippi Define Sexual Battery?

Published on: April 23, 2024 | by Vic Carmody Jr., P.A.

According to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused.

In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.

In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.

It Just is Not Me!! Exonerate Yourself from False Accusations

Published on: May 12, 2023 | by Vic Carmody Jr., P.A.

Exonerate Yourself from False Accusations

False accusations of sexual assault or molestation are a serious problem that can have devastating consequences for the accused individual. Although the actual prevalence of false accusations is difficult to determine, estimates suggest that up to 40% of sexual assault or molestation accusations may be false or exaggerated. The reasons why someone may falsely accuse another person of these crimes are varied and complex, and may include motivations such as monetary gain, advantage in a divorce case, or a desire to damage someone’s reputation out of jealousy or pettiness.

For someone who has been falsely accused of sexual assault or molestation, the situation can be incredibly overwhelming and traumatic. Not only must they contend with the emotional fallout of being falsely accused of a terrible crime, but they must also navigate the legal system to prove their innocence. This can be an incredibly daunting process, but with the help of an experienced and qualified criminal defense attorney, it is possible to gather the necessary evidence to support an argument of innocence.

DNA Test Confirms Man Fathered Child of Teenage Victim

Published on: April 26, 2023 | by Vic Carmody Jr., P.A.

A DNA test shows that a man from Hancock County, Mississippi fathered the 18-month-old child of his teenage victim, according to WLBT-TV. Officials say that the investigation began in early January 2023 when deputies were called to speak with a 16-year-old girl who alleged that she had been molested and raped over the past several years. After obtaining DNA samples and running a paternity test, investigators obtained evidence that the man was in fact the father of the child.

Additionally, reports indicate that deputies learned of additional sex crimes allegedly committed by the man in other jurisdictions, such as Louisiana. The man has since been arrested and charged with sexual battery as well as molestation. He is currently being housed at the Hancock County Adult Detention Center on a $200,000 bond in addition to a hold for Vernon Parrish Sheriff’s Office.

How Does Mississippi Define Sexual Battery?

The Dark Side of the Web

Published on: April 13, 2023 | by Vic Carmody Jr., P.A.

The internet has become an important part of our daily lives, offering us access to information, entertainment, and communication. However, the accessibility of the worldwide web also makes it a platform for various criminal activities, including sex crimes.

Internet sex crimes are a serious problem in Mississippi and across the country. The possession, distribution, or creation of child pornography, online solicitation of a minor, and sex trafficking are all illegal and society would say are morally reprehensible acts that can have devastating consequences for the victims. Law enforcement agencies and individuals alike must work together to prevent these crimes and bring perpetrators to justice.

What Internet Sex Crimes are Common in Mississippi?

Extortion & Sextortion on the Rise in Jackson County, Mississippi

Published on: March 21, 2023 | by Vic Carmody Jr., P.A.

According to WDAM-7, Jackson County, Mississippi is beginning to see an uptick in child pornography extortion, or “sextortion” cases. Jackson County Sheriff, Mike Ezell, has taken it upon himself to try to warn parents about a social media scam that has been circulating and has resulted in an increase in child pornography extortion cases. According to Ezell, fake Snapchat accounts are created, and the account holder pretends to be a child. The account holder then asks other children for nude photographs, and once the photographs are sent, the child in the picture is then instructed to send money or it will be leaked.

As of late, the sheriff’s department has not been able to charge anyone yet because so far all of the cases have involved scammers from other countries, which is a problem in itself. Ezell added that, “it’s almost impossible to find, prosecute, or arrest them.”

What is Extortion?

Internet Pornography Equals a Long Prison Sentence And Much More

Published on: March 13, 2023 | by Vic Carmody Jr., P.A.

Recently, the United States Attorney’s Office for the Western District of Texas announced that an El Paso man was sentenced in federal court to 160 months (13 years) in prison for receipt and distribution of a visual depiction involving the sexual exploitation of a minor.

According to court documents, the man used a fake social media account to share dozens of files containing Child Sexual Exploitation Material (CSEM) in a group chat over a three-day period between December 31, 2020 and January 2, 2021.

Investigators located the man’s residence and identified additional online accounts where he kept files containing CSEM. In a statement to media, the Office noted, “Predators contemplating to exploit children should heed this Homeland Security Investigations (HSI) investigation and the sentence handed down . . . . HSI and our law enforcement partners continue to work tirelessly to protect our greatest asset–our children–and focus on arresting and prosecuting those who seek to victimize them.”

A Child Sex Conviction Can lead to a Life of Misery

Published on: February 17, 2023 | by Vic Carmody Jr., P.A.

A child sex abuse charge and conviction can have a lasting impact on your life even when you know you have not committed the crime. Significant penalties and permanent damage to your reputation are direct results of this type of criminal conviction.

A conviction for child molestation can include: jail time, probation, fines, lifetime sex offender registration, loss of employment or professional licenses and/or loss of child custody.

False Accusations

Super Bowl Sunday: Which Eagles Player Will Not be in Attendance?

Published on: February 10, 2023 | by Vic Carmody Jr., P.A.

A rookie player for the Philadelphia Eagles has been indicted on rape and kidnapping charges, according to Dave Zangaro with NBC Sports. The Eagles player, offensive lineman Josh Sills, was signed by the Eagles as an undrafted free agent out of Oklahoma State this past spring and is just finishing up his rookie season in the NFL. Sills played in just one game this season. He has been inactive for the Eagles’ two playoff games this season.

Sills was indicted by a Guernsey County (Ohio) Common Pleas Court grand jury on one count of rape and one count of kidnapping at the age of 25. Both charges are first-degree felonies. According to a press release from the Ohio Attorney General’s office, these charges stem from an incident that occurred in December 2019. The indictment says, “Sills engaged in sexual activity that was not consensual and held a victim against her will. The crime was immediately reported, and the Guernsey County Sheriff’s Office conducted a detailed investigation.” Sills has been placed on the Commissioner Exempt List by the NFL. While on the list, he will not be permitted to practice, play, or travel with the Eagles, but he will still be paid. Before the NFL placed Sills on this list, the Eagles released the following statement: “The organization is aware of the legal matter involving Josh Sills. We have been in communication with the league office and are in the process of gathering more information. We have no further comment at this time.”

The details of the incident from the alleged victim are graphic and some may find them triggering. A woman told police that a male, whom she later identified as Sills, dropped her and her cousin off at her cousin’s place, where they were staying. According to the woman, after her cousin exited the vehicle, Sills grabbed her by her ponytail and tried to kiss her. When another vehicle pulled up behind them, he grabbed her by her neck, throwing her down and getting on top of her so no one would see. The woman stated that she repeatedly told Sills to stop and to let her go inside, but he forced her to perform oral sex on him. The woman identified the man who did this to her as Sills, someone she had gone to high school with and has known for 7 or 8 years.

Historically Long Sentence for a Sex Crime

Published on: January 26, 2023 | by Vic Carmody Jr., P.A.

A man in Virginia just received what is believed to be the longest sentence in the history of Wythe County. One may wonder how many people he must have killed or what terroristic act he must have committed to deserve an historically long prison sentence. In fact, Curtis Spurlock is a sexual predator, not a murderer or a terrorist. He was found guilty of several sexual offenses committed against his own children, earning him a sentence of six consecutive life sentences with an additional twenty year sentence.

Sex Crimes

Published on: December 22, 2022 | by Vic Carmody Jr., P.A.

According to an article from the associated press dated December 20, 2022, Harvey Weinstien was found guilty of sexual assault and rape in a Los Angeles court. Weiinstien is also currently serving a sentence for rape in New York. Weinstien was a big time hollywood executive that became the face of the metoo movement due to allegations surrounding his conduct with much younger female actresses. Weinstien’s sentence in New York is for a term of twenty-three years and he could be sentenced for up to twenty-four in California.

While the metoo movement has given way to other headlines in the last couple of years, the effects are still being seen round the country. Seeing people like Ghislane Maxwell, Jeffery Epstien, and Harvey Weinstien in prison are all public reminders of the movement but it goes much deeper than the rich and famous hollywood elites. All over the country the connotation around a sex crime accusation has shifted. While there was always a taboo and shamefulness attached to an alleged sex crime, it seems that in some instances the presumption of innocence has been flipped on its head and the accused is treated as if they are guilty until they prove their innocence. Of course, the criminal justice system is built on the presumption of innocence until an accused is found to be guilty beyond a reasonable doubt by a jury of his peers. Sex related crimes are also delicate because a conviction not only makes you a felon, it marks you as a convicted sex offender for the rest of your life, and may require you to register on the sex offender registry for the rest of your life. All of this in addition to your inability to own a firearm as a felon and difficulty finding employment.

Mentioned above are facts concerning Weinsstien’s sentencing. Sentencing, of course, varies from state to state. Here in Mississippi, the laws are clear and the punishments for sex crimes are severe. Rape, or forcible sexual intercourse, in Mississippi carries life in prison at the discretion of the jury. Should the jury elect not to sentence the convicted offender to life, the statute allows the judge to sentence the offender to any sentence that may be appropriate. The stakes are simply too high in sex crime cases, especially rape, to roll the dice with an inexperienced lawyer.