Statutory rape is a serious felony offense that can result in extensive jail time and other harsh legal penalties. A conviction will also require sex offender registration, a status that can haunt you for the rest of your life, both personally and professionally.
Having a Winter Park statutory rape lawyer by your side who has defended cases like yours before could make a significant difference in the trajectory of your legal proceedings.
An experienced sex crimes attorney could investigate the events leading up to the alleged incident, speak with witnesses, collect evidence, and construct the most effective defense for your case. Contact The Umansky Law Firm today to schedule an initial consultation with our legal team.
Statutory rape can refer to multiple instances of illegal sexual contact between two people. Generally speaking, a person can be charged with statutory rape if they are an adult over the age of 18 and engage in sexual activities with a minor younger than 18. It does not matter whether the sex was consensual.
However, certain limited legal exceptions can allow a minor to have sex with an adult without a crime being committed. A minor who is at least 16 years of age and has consensual sexual interaction with a person who is younger than 24 is one potential exception. Another is if the alleged victim is 16 or 17 and has previously filed for emancipation to have their disabilities of nonage removed.
A person who is 24 or older and engaged in sexual activities with a 16- or 17-year-old has committed the crime of statutory rape. A minor can even be charged with statutory rape if they touch the private areas of a child between the ages of 12 and 16 in a lewd or lascivious manner.
A Winter Park lawyer could determine what strategies may be available if you are charged with statutory rape and consider every aspect of your case, including your top legal defense options.
The state’s “Romeo and Juliet” law can provide a potential defense to mitigate the outcome of a statutory rape charge. However, this does not make consensual sexual contact involving a minor legal. It simply removes the requirement for the accused to register as a sex offender if convicted. For the “Romeo and Juliet” defense to apply, the alleged victim must have been at least 14 years old when the alleged incident of consensual sex occurred, and the accused must be no more than four years older. The accused must also not have a prior criminal history of sexual offenses.
Ignorance of the age of an alleged victim is not a viable defense in any statutory rape case. A Winter Park attorney could examine whether lack of or disputed evidence or constitutional rights violations could reduce or mitigate a statutory rape charge.
It is a second-degree felony when a person 24 or older has sexual intercourse with a person who is 16 or 17. A second-degree felony is punishable by up to 15 years and up to $10,000 in fines. The penalties can increase if the alleged victim was younger than 16 during the incident.
Even if the alleged perpetrator was a minor, if they engaged in lewd or lascivious contact with a minor between the ages of 12 and 16, they can be charged with a third-degree felony. A conviction can carry up to five years in prison plus up to $5,000 in fines.
Whether filing motions, negotiating a deal with the prosecutor, or presenting your case in court, you should have a dedicated legal professional working on your behalf at every stage of your case.
A Winter Park statutory rape lawyer could examine your possible options to get the case dismissed, achieve a plea bargain, or other defense routes. Without legal counsel, you could miss out on valuable defense strategies, and your rights could be exploited without your knowledge.
If you are facing statutory rape charges, you need to speak with a hardworking criminal defense attorney as soon as possible. Call our office today to receive your confidential legal consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
