Statutory rape criminalizes sexual relations with a minor, even if both parties verbally consent. In Florida, a minor refers to anyone under the age of 18. However, in 2007, the state’s Romeo and Juliet law was enacted to protect some teens who are close in age from having to register as sex offenders or allow them to petition the court to have the label removed.
Engaging in sex with a minor is complicated, as in many cases, it is legal if both participants are under 18. If you have questions about the laws surrounding sexual activity and young people, or have been accused of statutory rape, contact a Lake Mary statutory rape lawyer. Our local sex crime attorneys are ready to represent you.
Although rape is defined as forceable, non-consensual sex, statutory rape generally involves a minor who consents to the act with someone 18 years or older. Because a minor is unable to legally consent in Florida, the act is a felony.
According to Florida Statutes § 800.04, a person 18 years old or older is considered to have engaged in lewd and lascivious behavior if they had sexual contact with someone between the ages of 12 and 16. This charge is a second-degree felony, but escalates to a first-degree felony under Fla. Stat. 794.011 if the minor is younger than 12 or has not given consent.
Florida law is complex because it also provides a “close in age” exemption for young lovers, referred to as the Romeo and Juliet law. Fla. Stat. 794.05 states it is a felony for someone over age 24 to have sexual contact with a 16 or 17-year-old. However, if the person is older than 18 but younger than 24, they may be protected. A Lake Marry statutory rape attorney could assess every fact in a case and, if this exemption is available, file a petition advantageous to the accused.
The Romeo and Juliet exemption is not automatic. Even if the qualifications apply, the parents of a 16-year-old can enlist the Lake Mary police and Seminole County state’s attorney to press for prosecution of the accused. To be applicable for this exemption, the following must apply:
If the person accused meets the above criteria, a Lake Mary lawyer could intercede immediately to petition the court under the Romeo and Juliet exemption for statutory rape. This does not make the relationship legal, but provides some relief from the harsh penalties. A petition could convince the prosecutor not to press charges, allow the prosecutor and judge to lower any fines and reduce the sentence, or relieve the accused from having to register as a sex offender.
The penalties for lewd and lascivious behavior with a minor at least 12 but younger than 16 is a second-degree felony and results in incarceration of up to 15 years and fines up to $10,000. If the minor is younger than 12 or does not consent to sexual activity, the charge becomes a first-degree felony, and the judge could sentence the accused to up to 30 years in state prison and fine them up to $10,000. Those convicted generally must register with the state as sex offenders.
A conviction can taint a young person’s future in many ways. They will be marked as sex offenders, limiting housing choices and providing grounds for denying a college admission application, scholarship, or loan. Prospective employers may not give convicted felons a chance, and family and friends could drift away out of embarrassment. A Lake Mary statutory rape attorney could work diligently to secure the best outcome for those accused.
Our criminal defense attorneys are committed to defending our clients by applying all resources at our disposal, including our knowledge and experience negotiating with prosecutors. We understand that there are many nuances involved in such a case, and we could use the power of the law to advocate on your behalf.
Everything depends on the facts in your case, and all mitigating factors count. The only way to find the answers to your questions is to contact a Lake Mary statutory rape lawyer now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
