Are you being investigated for a sex crime? Should you talk to the police if a minor lied to you about their age and you had sexual contact with them?
A common scenario lawyers see all the time: Boy meets underage girl but unbeknownst to him, the girl is underage. He is 24 years old. He meets a girl online who claims to be 19. They chat, exchange pictures, they talk about music and what their shared interests are. They go to the mall, they go to the movies and they go out to eat. They often meet at her house when no one is home. One thing leads to another and they have sex. They continue this for a few months dating until she catches him talking to another girl. They argue and break-up. Sounds like a story as old as the hills. The difference is that she lied about her age; she’s 15 and knows that he can get into big trouble. Angry at the break-up, she tells her parents about everything and they call the police. Now, the boy is under investigation for a sex crime. What does you do now? Absolutely do not speak to police or consent to interview without experienced attorney representation!
Chapter 794.05 of Florida Statutes defines the crime of Unlawful sexual activity with minors as follows:
A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.
It’s interesting that the age of 23 seems to be the cut-off for sex with someone who is 16 or 17 years of age. Consent is not an issue. This is the way that police often trap people into confessing. If a 24 year old virgin has sex with a 15 year old stripper or prostitute they are the criminal even though the "minor" has sex all the time. I can’t tell you how many times an angry girlfriend who is underage and way more sexually experienced than my client, calls the police and plays the victim. She can often pick and choose who to set up and often extort for money, threatening criminal prosecution and prison as well as designation as a registered sexual predator or registered sex offender.
As an experienced sex crimes criminal defense attorney Michael Celso Gonzalez of Mike G Law has successfully represented clients facing these types of charges, either getting the charges "No Filed", getting a first time diversion program, such as, Pretrial Intervention known as PTI, or charges reduced to lesser charges that do not carry a prison sentence and the stigma of being a sex offender. There are also certain mitigating factors which a judge may consider in reducing a Defendant’s sentence. Knowing what the factors are and how to legally present them to the court can make the difference between a lengthy prison sentence and probation.
Michael Celso Gonzalez of Mike G Law has been found to be an Expert in Criminal Law by a Judge in Florida and focuses a significant part of his practice to defending people accused of sex related offenses. Text Mike G now at 813-317-8123 or call 813-221-4303 to discuss your case and receive your free consultation!