Statutory rape in Florida is a complex crime that, on one hand, criminalizes sexual relations between someone younger than the age of consent, 18, and someone older. On the other hand, it provides exceptions to the law. While most people agree that a 45-year-old should not be engaging in sex with a 15-year-old, opinions differ when one participant is 18 and the other 17.
To complicate matters further, Florida arbitrarily assigns certain ages that can be the difference between a felony charge and no charges involving a couple in love under the state’s Romeo and Juliet law. And often, teen couples raise the ire of a parent who vows to have their child’s romantic partner thrown in jail. If you or your child are being accused of sexual relations with a minor, an Orange County statutory rape lawyer should become involved at once.
Statutory rape differs from conventional rape because it occurs after the presumptive consent of the minor, except minors cannot legally consent to engaging in sexual relations in Florida. The person must be at least 18. When someone older than 18 engages in sex with someone younger than 18, statutory rape can be charged.
Although this rule seems straightforward, like many legal doctrines, it is not. Florida Statutes § 794.05 provides that sexual activity between two people, where one is up to 23 years old and the other is aged 16 or 17, is not illegal. But once the 23-year-old turns 24, a second-degree felony for sexual battery can be charged.
The laws are more oppressive the younger the participant is. According to Fla. Stat. § 800.04, anyone 18 or older can be charged with lewd and lascivious behavior for engaging in sexual relations with someone at least 12 years old but younger than 16. This, too, is a second-degree felony. Charges ratchet up to a first-degree felony under Fla. Stat. § 794.011, if the underage partner is younger than 12 or is a minor who does not consent to having sexual relations. Young love can be treacherous, and to protect the interests of someone accused of sexual crimes, an Orange County statutory rape attorney should be consulted to mitigate the charges or defend you at trial.
Florida recognizes that young people close in age may engage in sexual activity and it would be unfair to criminalize the conduct under the state’s Romeo and Juliet Law. According to Fla. Stat. § 943.04354, statutory rape is not applicable if the younger of the participants is between 13 and 17 and the other participant is no more than four years older. This absolves an 18-year-old senior from charges of statutory rape for engaging in a relationship with a 14-year-old sophomore if the relationship is mutual. Because statutory rape is a crime fraught with pitfalls, like angry parents bent on revenge, an Orange County lawyer should be consulted as soon as allegations begin to fly.
Statutory rape charges are second- and first-degree felonies in Florida, with harsh penalties for a conviction. Second-degree felonies are punishable by incarceration in a state prison for up to 15 years and fines up to $10,000. First-degree felonies are punishable by incarceration of up to 30 years in state prison and fines up to $10,000. Collateral damage can include having to register as a sex offender, losing the right to vote or own a firearm, and the stigma of a felony record, which can impact relationships, the ability to get a good job, housing, or loans. An Orange County statutory rape attorney is skilled at mitigating the fallout of felony charges and defending clients to obtain the best results.
Our criminal defense attorneys work tirelessly to humanize our clients caught in a web of illegal sexual activity. Statutory rape is no exception. Although ignorance of a partner’s age is not a defense, we are skilled at building one when young love is the issue.
Age differentials can be used when a relationship is consensual, and the partners are close in age. A desire to marry can also mitigate any charges. An illegal search and seizure and unreasonable actions by a parent can also affect the outcome of a statutory rape allegation. Contact an Orange County defense attorney now to discuss a particular case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
