Spin the Bottle Ruse Used by Couple to Commit Sexual Battery on a Minor
September 10, 2022 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share
It is illegal to take sexual advantage of another person, regardless of their age. In the state of Florida, the consequences of sexual battery are severe. The penalties can be even harsher if the victim is a minor under the age of 18.
A recent case highlights the charges imposed on individuals who took advantage of a 14-year-old girl. We will cover the details of the case, along with explaining the criminal charges in Florida.
What was the Case?
Jocelyn Gomez, 18, and her boyfriend Emmanuel Martinez, 23, have been arrested and face multiple charges after sexually assaulting a 14-year-old girl. The couple told the teen that they were planning on going to the movies, which is why she agreed to meet them. Gomez previously knew the victim from the middle school across from her high school.
The two picked up the victim from her house to drive to the movie theater at Dolphin Mall, but when she came outside, they informed her they were instead going back to their apartment in Hialeah.
Once they were inside the apartment the three began watching a movie. Shortly after Gomez suggested they start playing the game “spin the bottle.”
According to the report the victim “was daring Martinez and Gomez to do normal things, such as sing and dance.” Then Martinez allegedly dared the 14-year-old to take her shirt off, which she refused several times. Gomez started to entice the victim to complete the dare and take her shirt off.
The victim eventually agreed but quickly put her shirt back on. After this, Gomez pushed her further by daring her to kiss Martinez. The victim refused since it was Gomez’s boyfriend, and she felt uncomfortable with the idea of kissing him.
Police wrote that Gomez told her that it was okay, claiming they had been doing this for around a year. The victim stated again that she was uncomfortable in the scenario.
Martinez allegedly lunged at the victim and began kissing her without her consent. When she later reported the incident to the police, she said she was in “shock” from what happened, since she only viewed them as friends and didn’t expect it to happen. She told the couple she wanted to leave, but Martinez responded in Spanish, “I can’t leave with my d— up.”
The report states that Martinez then exposed himself to the two girls and began to touch himself. The victim asked Gomez to control her boyfriend and to make him stop, but Gomez responded that they should “let him finish and then [they] could leave.”
After this Martinez lunged at the girl once more, this time pinning her down and sexually assaulting her while Gomez watched. The victim repeatedly told Martinez “no” and even hit him, but eventually “remained quiet” out of fear that they would not take her home afterward.
Martinez attempted to calm the victim by saying this wasn’t the first time they’ve done this, but she was the “hottest friend that [Gomez] has brought.” After Martinez committed sexual battery, Gomez told the victim she would give her a call in a few weeks when she no longer had her period, so they could have a threesome.
“The victim stated during the car ride to her house, they kept telling her that she couldn’t tell anyone, because they could get in trouble,” the investigators wrote.
However, a friend of the victim finally convinced her to come forward and report the sexual battery. She told her father who then called the police. Both Gomez and Martinez were arrested on Friday and Martinez confessed to the assault soon after.
Gomez is now facing a felony charge for lewd and lascivious battery, and misdemeanor charges for failing to report sexual battery, contributing to the delinquency of a minor, and battery.
Martinez is facing two counts of sexual battery on a child over the age of 12, and one count of lewd and lascivious exhibition and lewd and lascivious exhibition on a child over the age of 12.
Sexual Battery on a Child
The term “rape” is defined as sexual battery in Florida as it is written in Florida Statute Section 794.011. The law defines sexual battery as any vaginal, oral, or anal penetration, or in union with, the sexual organ of another; or the anal or vaginal penetration of another by an object. Sexual battery is an extremely serious charge in Florida, and the penalties can vary depending on the age of both the defendant and the victim.
If the defendant is over the age of 18 and has committed sexual battery without the use of physical force or the use of a weapon on a person who is 12 years or older, then the charge is considered a second-degree felony, punishable by fines and up to five years in prison.
The charge can be enhanced to a first-degree felony if the following characteristics are true:
- The victim was helpless to resist
- The defendant coerced the victim to submit by threatening force or violence
- The defendant coerced the victim to submit by threatening retaliation against the victim or another person
- The defendant administered or had the knowledge that another person gave the victim anesthetic, narcotic, or other substances that caused mental or physical incapacitation of the victim without his or her knowledge
- The defendant had the reason to believe that the victim was mentally defective
- The victim is physically incapacitated, such as handicapped
- The defendant is a police officer, correctional officer, probation officer, or any other person in a position of power. This would include if the defendant acted as if they were in the position of power to coerce the victim to submit
As a first-degree felony, the charge would be punishable by a fine and up to thirty years in prison.
Lewd or Lascivious Exhibition
Florida Statute 800.04(7) defines lewd or lascivious exhibition as the intentional masturbation or exposure of genitals in a lewd or lascivious manner, or any other sexual act that does not involve any actual physical or sexual contact with the victim. This can include (but is not limited to) sadomasochistic abuse, sexual bestiality, or any other simulation of sexual activity.
If the defendant is under the age of 18-year-old, then the offense is classified as a third-degree felony charge, punishable by up to five years in prison and a fine of up to $5,000. If the defendant is 18 years old or older, then it is considered a second-degree felony, punishable by up to fifteen years in prison and a fine of up to $10,000.
To find out more about lewd and lascivious acts, penalties, and defenses in Florida, read our page here.
Finding a Defense Attorney in Tallahassee, Florida
Getting accused of a sex crime is extremely serious. Florida imposes strict penalties on those convicted of sex crimes. Aside from the fines and potential imprisonment, there is also the stigma of carrying a sex crime conviction on your criminal record. This can create difficulties in finding a job or place to live in the future. If the victim was a minor, then it could also result in a lifetime registration as a sex offender, which never leaves your record. If you or a loved one has been accused of a sex crime, it is imperative to seek out the legal help of a skilled sex crime defense attorney. Call Don Pumphrey and his team at Pumphrey Law Firm at (850) 681-7777 or leave an online message for a free consultation today.
Written by Karissa Key