Statutory rape laws are designed to protect teenagers and children who lack the legal capacity to give sexual consent. However, a wrongful accusation or a misunderstanding can quickly give rise to statutory rape charges that carry life-altering legal consequences.
If you have been charged with this crime, there are defenses available. A Winter Garden statutory rape lawyer can utilize extensive knowledge, experience, and resources to protect your rights during this difficult time. An aggressive sex crime defense attorney can thoroughly review the case in its entirety, including the full scope of available evidence, to formulate the most compelling and effective defense strategies.
Statutory rape occurs when an adult engages in sexual activity with a minor. Generally, a person under the age of 18 is considered to be unable to give consent to sexual activities or conduct, which may include but are not limited to, actual intercourse. However, Florida has some specific rules and exceptions surrounding statutory rape.
Individuals of varying ages can be charged with statutory rape and related offenses, depending on the age of the alleged victim as well as the alleged offender. The crime occurs when a person over the age of 18 engages in any form of sexual conduct with a child who is younger than 16. It is also statutory rape if an adult who is over the age of 24 engages in sexual conduct with a 16- or 17-year-old.
Sexual activities between minors can lead to criminal charges in some cases. A person who is younger than 18 and intentionally touches the genitalia, breasts, or buttocks of a person between 12 and 16 in a lewd and lascivious manner can be charged with a crime.
If the alleged victim was 16 or 17 but had already petitioned to be granted the rights of an adult under Florida law, the older individual who stands accused of statutory rape may be cleared. If sexual activity occurs between a 16- or 17-year-old and a person who is 23 or younger, this is considered a legally consensual act.
Florida’s so-called “Romeo and Juliet law” comes into play when consensual sexual relationships occur between an alleged victim who is at least 14 and an alleged offender who is no more than four years older when the alleged offense happens. However, this law does not make the underlying act legal, it simply removes the requirement to register as a sex offender if convicted.
Even individuals who fall into potential grey areas under the state’s statutory rape laws may still face charges. If you or a loved one has been charged with statutory rape, you should immediately consult with a Winter Garden attorney about the right defense strategy to pursue a reduction or dismissal.
There are certain defenses that may not be raised in Winter Garden to avoid a statutory rape conviction. Consent is not a plausible defense, nor is the alleged victim’s prior sexual history. If the person charged with statutory rape was unaware of the age of the alleged victim, they cannot raise this as a plausible defense either.
The potential penalties for statutory rape can change your life and permanently affect your future prospects, even if you serve a required sentence. In addition to prison time and fines, you will typically be required to register as a sex offender. You may also need to complete mandatory counseling, community service, and probation.
The period of incarceration varies depending on the nature of the statutory rape charge. For example, if a person who is 24 or older engages in sexual activities with an individual who is 16 or 17, they have committed a second-degree felony. That carries a prison term of up to 15 years, and up to $10,000 in fines.
Some statutory rape crimes can carry a term of up to life in prison. For example, when the alleged offender is 18 or older and the alleged victim is younger than 12, this is a capital felony punishable by up to life.
If you are dealing with statutory rape charges, you are undoubtedly uncertain about the future. A Winter Garden statutory rape lawyer can fight for your interests and identify your best defense options.
Whether providing evidence that achieves a full dismissal of charges or working to negotiate a favorable deal with the prosecutor’s office, you need a criminal defense attorney by your side who understands the ins and outs of the legal system. Do not wait to get the legal representation you need and deserve for your case. Contact our office today to receive your free and confidential consultation with The Umansky Law Firm.
The Umansky Law Firm Criminal Defense & Injury Attorneys
