In most criminal prosecutions, the government’s primary objective is to prove that the defendant acted intentionally to violate the law. But when a defendant’s mental illness becomes a genuine issue, the law can become complex and nuanced. The key to answering the question of whether a person with mental illness can be charged with a sex crime is found in the difference between mere mental illness and “insanity.”
At Stechschulte Nell, Attorneys at Law in Tampa, our extensive experience trying cases in Florida and U.S. federal courts enables us to present effective and compelling defenses to criminal charges brought against our clients. Mental illness is a significant factor in the lives of many people charged with crimes. Few of them will meet the high legal standard necessary to prove they were legally insane at the time of the alleged offense. This brief article will explain the difference between mental illness and legal insanity as a defense.
Is Mental Illness a Defense to Sex Crimes?
Mental illness afflicts about 57.8 million Americans according to the National Institutes of Health (NIH). The nature and severity of each person’s mental illness and how it affects their perception and behavior are of central importance in determining whether the illness will be considered a mitigating factor in judging a defendant’s guilty or punishment.
But mental illness alone is not an absolute defense to an alleged sex crime in Florida. Even severe persistent mental illnesses (SPMIs – Major Depression, Bipolar Disorders, Schizophrenia, and Borderline Personality Disorder) will not prevent someone from being prosecuted for a crime, including a sex crime.
If sufficient evidence is presented to the court proving that the illness played a significant role in the defendant’s thinking or behavior, the court may appropriately reduce or adapt a sentence to recognize the defendant’s illness.
Legal Insanity as a Defense to Sex Crimes in Florida
Legal insanity has been an important and controversial topic in law for centuries. Even hundreds of years ago, English law recognized that a defendant’s mental state could absolve them of criminal responsibility if an illness compelled them to illegal acts or if
- a) they did not know what they were doing at the time of the acts, or
- b) they knew what they were doing but they did not know the acts were wrong.
This test was called The M’Naghten rule.
However, when criminal cases concluded that a defendant charged with serious crimes were “not guilty by reason of insanity,” public sentiment grew angry and protested what was perceived as “getting away with the crime.”
Florida’s Strict Burden of Proof for the Insanity Defense
In Florida, just like in most states, the fundamental principle of criminal law is rooted in the concept of intent. For a person to be held criminally accountable, they must possess both the intention and mental capacity to commit the alleged crime.
If the individual’s mental illness impairs their ability to understand the nature of their actions or prevents them from distinguishing right from wrong, they may be deemed legally incompetent to stand trial.
However, Florida enacted a new law in 2000 that shifted the burden of proof from the prosecution to the defense on the issue of the defendant’s insanity. Traditionally, once a criminal defendant presented evidence supporting the defendant’s insanity, the burden of proof moved onto the prosecution to prove the defendant was sane at the time of the offense.
Florida changed that when they changed the law and made the defendant’s insanity an “affirmative defense” requiring the defendant to prove by clear and convincing evidence either that they did not know what they were doing at the time of the crime, or that they knew but did not know their actions were wrong.
Sex Crimes and the Insanity Defense
Sex crimes encompass a wide range of offenses, from sexual assault to child exploitation. When mental illness is a factor, courts must determine whether the illness directly contributed to the commission of the crime. For example, a person suffering from a severe psychotic episode might engage in behavior that would otherwise be unthinkable when they are in a stable mental state.
However, it’s crucial to note that a mental illness alone does not necessarily absolve an individual from criminal responsibility. Courts must weigh the severity of the illness, its impact on the person’s cognition, and whether the person had any capacity to exercise self-control.
Sentencing and Treatment of Mentally Ill Defendants
In instances where a person with a mental illness is charged with a sex crime, there is growing recognition of the importance of treatment and rehabilitation. Placing a mentally ill individual in the criminal justice system without addressing their underlying condition often perpetuates a cycle of offense and punishment.
Florida’s legal system has started to shift toward more therapeutic approaches for individuals with mental illnesses who commit crimes. This may involve diverting them to mental health courts, where treatment and support take precedence over punitive measures. This approach acknowledges that addressing the mental health needs of individuals can contribute to both their own well-being and the safety of society.
Contact Stechschulte Nell Law
As society evolves, so too must our understanding of mental illness and its implications for legal proceedings. Balancing justice with compassion is an ongoing challenge, one that requires a thoughtful and nuanced approach to ensure fair treatment for all individuals, regardless of their mental health status.
If you or someone you know has been charged with a sex crime in the Tampa area, reach out to Stechschulte Nell, Attorneys at Law by calling, 813-280-1244.
