Being accused of statutory rape is one of the most difficult criminal charges a person can face. In Florida, these charges carry the possibility of years in prison, a permanent felony record, and lifelong sex offender registration. If you have been arrested, you are likely worried about your reputation, your career, and your freedom. Contacting a skilled sex crimes attorney right away is one of the most important steps you can take to protect your future.
A Dr. Phillips statutory rape lawyer from our firm could examine every detail of the state’s case, challenge the evidence against you, and fight to protect your rights at every stage. Our criminal defense team includes former prosecutors, so we know how the state builds these cases and how to challenge them.
While most people know the term statutory rape, it is not the language state law uses. Instead, the law prosecutes this conduct under Florida Statute § 794.05 and labels it unlawful sexual activity with certain minors. Under this law, a person 24 years of age or older who engages in sexual activity with a 16- or 17-year-old commits a second-degree felony, even if the young person agreed to the relationship.
If the accused is 23 or younger, this particular statute does not apply to a consensual relationship with a 16- or 17-year-old, although other charges may still be possible.
It is also important to understand that, under state law, the alleged victim’s verbal consent is not a defense, and the accused’s belief that the minor was older is not a defense either. Our Dr. Phillips attorney could explain exactly how the law applies to the specific facts of your statutory rape case.
A conviction for unlawful sexual activity with a minor carries penalties that can reshape the rest of your life. As a second-degree felony, the offense is punishable by up to 15 years in prison, 15 years of probation, and a fine of up to $10,000. Beyond the courtroom, a conviction generally requires registration as a sex offender, which can affect where you live, where you work, and how others in the community see you.
The state does offer limited relief in some close-in-age situations. Under Fla. Stat. § 943.04354, often called the Romeo and Juliet law, certain individuals may petition the court for their removal from the sex offender registry, though this does not erase the conviction itself. Because so much is at risk in a statutory rape case, our lawyer in Dr. Phillips could help you understand which penalties you face for statutory rape and whether any form of relief may apply to your situation.
An accusation is not the same as a conviction, and the right strategy can change the outcome of your case. Because consent and a belief that the minor was older are not defenses in Florida, a strong defense targets the elements the state must prove and how law enforcement gathered the evidence. Several defenses may apply:
Much of the proof in these cases comes from text messages, social media, and phone records, and a careful review can show whether that evidence was lawfully obtained and what it actually establishes. Where police ignored proper procedure or questioned you without advising you of your rights, we may move to suppress what they found.
A Dr. Phillips lawyer on our team could pursue every available option in a statutory rape case, from challenging the state’s proof to negotiating a resolution that avoids the harshest penalties.
A statutory rape charge can feel overwhelming, but you do not have to face it alone. These cases are often more defensible than they first appear, and the choices you make now can shape the rest of your life. Acting quickly gives your defense the strongest foundation.
If you are facing charges, reach out to a Dr. Phillips statutory rape lawyer at The Umansky Law Firm today. We offer a free consultation, and we are ready to stand with you, protect your rights, and fight for the best possible outcome.
The Umansky Law Firm Criminal Defense & Injury Attorneys
