Statutory Rape Lawyer in Tampa

What Are Statutory Rape Laws in Florida? 

Chapter 794, “Sexual Battery,” under Title XLVI of Florida law, details all the rules related to statutory rape. In general, these laws make sexual relationships between individuals of certain ages illegal, even if it involves consensual sexual activity. This is still considered statutory rape because the state says some minors are too young to legally consent to these activities. 

Statutory rape laws are different from sexual assault or date rape laws. Statutory rape refers to consensual sexual intercourse, whereas sexual assault and rape refer to forcible sexual conduct. 

Florida Statute 794.05 explicitly states that it is illegal for an individual 24 years or older to engage in sex acts with a minor who is 16 or 17 years of age, even if both parties consent. 

However, sexual activity between a minor who is 16 or 17 and an individual who is up to 23 years old is not illegal as long as both parties consent. 

Additionally, in the state of Florida, although parents cannot bring charges for statutory rape, they can report the crime to law enforcement if they know or believe their child is in an illegal sexual relationship. Law enforcement will conduct an investigation and provide evidence to the prosecutor, who will decide whether to press charges for unlawful sexual activity. 

If law enforcement charges you or your child with a sexual offense or statutory rape, it’s imperative to have representation from a sex crime defense attorney. Even if the offender is still young, a sex crime conviction will follow them for decades. 

What’s Florida’s Romeo and Juliet Law? 

Statutory rape cases often involve individuals who are close in age. Thus, the Romeo and Juliet Law in Florida allows young offenders to remove their names from the sex offender or sexual predator registry. 

However, the law doesn’t apply to everyone. To be eligible to remove your name, you must meet these requirements: 

• The victim was between the ages of 13 and 18 
• The victim consented to the sexual act that occurred 
• The offender was not more than four years older than the victim 

While the Romeo and Juliet Law allows some young offenders to remove their names from the sex registry, Florida law still considers this sexual activity illegal. 

Penalties for Statutory Rape Charges 

Sex offenses come with severe penalties. There are only a handful of sex crimes where the defendant may face a misdemeanor charge, such as solicitation of prostitution or indecent exposure. 

Otherwise, offenders face a felony charge. This is why you need a criminal defense lawyer like Mike G working on your case because the consequences of a statutory rape charge and conviction are life-altering. 

Most often, a statutory rape conviction is a second-degree felony. Second-degree felonies for statutory rape apply to offenders over 18 in cases with victims between 12 and 15. 

A first-time offense has the punishment of a prison sentence of up to 15 years and a maximum fine of $10,000. 

Those convicted will likely face other penalties as well, including: 

• Community service 
• Mandatory counseling 
• Probation 
• Mandatory registration as a sex offender 

Repeat offenders could face even more severe penalties, such as a first-degree felony or capital felony, with the latter being the most severe sex crime charge. 

If the offender is under 18 and the victim in the case is between 12 and 16 years old, the charge is a third-degree felony. The penalties are similar, except that the maximum prison sentence is five years, and the fine is up to $5,000. 

In cases where the offender is 18 or older and the victim is under 12, the charge is a capital felony with a life imprisonment sentence. 

Possible Defenses Against Statutory Rape Charges 

If you want to know how to get out of statutory rape charges, it all starts with a good defense. A criminal defense attorney can map out a strong defense against the sexual offense of statutory rape to get the state to reduce or drop the charges. Mike G Law will explore the best defense, which might include: 

• Coerced confessions 
• Illegal obtained physical evidence 
• Illegally taped confessions 
• Lack of evidence 
• Marital exception 

Notably, under Statute 794.021, unawareness of the young person or victim’s age is not a valid defense a lawyer can use. This is a different story if the alleged victim showed a seemingly valid ID stating their age as something other than it is. But ignorance is not a defense your legal team can use. 

Of course, false accusations from alleged victims are common, too. Your statutory rape defense attorney can present evidence that the suspected crime never even happened. 

Our Process: What to Expect During Your Statutory Rape Case 

Mike G will build a solid attorney-client relationship with you, but his job as a sex crime lawyer is to fight for justice and protect your rights under the law. He is a no-nonsense lawyer who will provide the best legal advice and help you understand the reality of your case. 

When you come in for your consultation, he will review the charges against you and discuss how to move forward. He will always be in your corner through collecting evidence, negotiating with prosecutors, and going to trial if it comes to that. 

With his experience handling complex legal issues, you can expect him to explain the penalties you’re facing in layperson’s terms, so you better understand the situation. 

FAQs About Statutory Rape Lawyers in Tampa 

When young couples fall in love, it can be challenging to get them to understand the legality of their relationship and Florida statutes. Many parents and young adults ask questions regarding what’s considered statutory rape, sexual contact, prior sexual conduct, the victim’s consent, and the Romeo and Juliet Law out of fear for their child’s or their own’s safety and well-being. Below we answer some of their commonly asked questions. 

What is the age of consent in Florida? 

Lewd and lascivious laws in Florida seem to imply the age of sexual consent here is 16. This is because lewd and lascivious charges involve sexual conduct with or in the presence of a minor under 16. 

However, the age of consent in Florida is 18. That means someone cannot legally consent to sex or sexual acts until the age of 18. 

If someone is below the age of consent, it doesn’t matter if they willingly engage in sexual behavior; the sexual act is considered criminal. The law is in place to protect young individuals from sexual abuse should someone try to take advantage of them before they can make sound decisions. 

Importantly, as mentioned, the law makes an exception for minors 16 or 17. If they engage in sexual activities with someone 23 or younger, it is not illegal. 

Is it legal for a 20-year-old to date a 16-year-old in Florida? 

Yes. Under the law, it’s legal for a 20-year-old to date a 16-year-old because the exception to statutory rape laws applies to those who are 16 or 17 and under 23. 

Can an 18-year-old date a 15-year-old in Florida? 

No. The exception to statutory rape law only applies to minors 16 or 17 years old. Therefore, in this situation, because the child is 15 years old, they cannot legally consent to any sexual act, and the relationship is illegal. 

Even if the acts are consensual for both parties, it’s illegal for an 18-year-old and a 15-year-old to have sexual contact. 

The relationship could result in criminal charges for the 18-year-old, meaning they could need to register as a sex offender. Under the Romeo and Juliet law, they could petition the state to remove their name from the registry, but they would need to wait 20 years after the completion of their sentence to do so. 

As stated, the Romeo and Juliet law does not make this relationship legal. It only provides an opportunity for the sexual offender themselves to remove their name from the registry under a specific set of criteria. 

Let Mike G Law Help Protect Your Rights 

The decisions you make after you have been arrested can determine the outcome of your case — and possibly your life. If you face statutory rape charges, call Mike G Law at 813-221-4303, or contact me online to get the best statutory rape defense for your case.