Statutory rape in Florida is a criminal offense that occurs when an adult engages in sexual activity with a minor (i.e. a person under the age of consent). The specific age limits and penalties for statutory rape can vary depending on the age of the victim and the age of the offender. It is important to note that consent is not a defense in statutory rape cases, even if the minor appears to be consenting.
The Age of Consent in Florida
Age of consent refers to the legal age at which a person is considered capable of giving consent to sexual activity. In Florida, the age of consent is 18 years old.
Florida Statutory Rape Laws
A person can face statutory rape charges for engaging in a variety of sexual acts involving a minor. Some of the offenses associated with engaging in sexual activity with someone underage include the following:
- Unlawful sexual activity with certain minors. In Florida, it is illegal for someone age 24 years of age or older to engage in sexual activity with a minor who is 1 or 17 years old. This offense is a second-degree felony.
- Lewd and lascivious conduct. A person can face criminal charges if they intentionally touch a person 15 years old or younger in a lewd or lascivious manner or solicit such a person to commit a lewd act. Adult offenders can be charged with a felony of the second degree, while offenders under the age of 18 face third-degree felony charges for violating this statute.
- Lewd and lascivious battery. This offense occurs when a person engages in sexual activity with a minor who is between the ages of 12 and 16 or forces or encourages a person under the age of 16 to engage in sexual bestiality, prostitution, sadomasochistic abuse, or other sexual acts. This crime is classified as a second-degree felony.
- Lewd and lascivious exhibition. If a person intentionally masturbates, exposes their genitalia in a lewd or lascivious manner, or commit any sexual acts that doesn’t involve physical or sexual conduct with the victim while in the presence of a minor under 16 years old, they can be charged with a felony. Adult offenders can be charged with a second-degree felony, while minors face third-degree felony charges.
- Lewd and lascivious molestation. Florida law makes it illegal for a person to intentionally touch a person’s breasts, genitals, genital area, buttocks, or the clothing covering those areas in a lewd or lascivious manner if that person is under the age of 16. It is also illegal to coerce a minor under the age of 16 to touch you in such a way. If the accused is 18 years of age or older and the alleged victim is under 12 years old, the charges are classified as a life felony; alleged offenders under the age of 18 who engage in lewd and lascivious molestation of a person under age 12 or between 12 and 16 years old can be charged with a second-degree felony.
- Contributing to the delinquency of a minor. A person who does anything to encourage, cause, or contribute to a minor becoming a dependent child or a child in need of service or influences a child (via threat, command, or persuasion) to commit or perform acts that will lead to their delinquency or classification of a child I n need of service commits a crime. This is a first-degree misdemeanor.
Penalties for Statutory Rape in Florida
Florida statutory rape charges are considered second-degree felonies punishable by up to 15 years in prison and a fine of $10,000. However, repeat offenders can have their penalties enhanced. A conviction can also include the following punishments:
- Sex offender registration
- Probation
- Completion of community service
- Mandatory counseling
Romeo & Juliet Law in Florida
This statute provides a defense for certain underage individuals who engage in consensual sexual activity. It is designed to protect young people who are close in age to one another.
The law applies when there is a small age difference between the two individuals involved in sexual activity. Specifically, the “Romeo and Juliet” law applies when the minor is 14 to 17 years old, and the defendant is no more than four years their senior.
Romeo & Juliet: Exemption for Registration as a Sex Offender
Florida Statute § 943.04354 provides a pathway for certain individuals to avoid sex offender registration requirements if they meet specific criteria. However, it is important to note that this doesn't change the criminal nature of the offense or remove the conviction; it only addresses the registration requirement.
The eligibility requirements are as follows:
- The victim must have been between 14 and 17 years old at the time of the offense.
- The offender must have been no more than 4 years older than the victim at the time of the offense.
- The sexual activity must have been consensual.
- The offender must have no other sex offense convictions.
Can Parents Press Charges for Florida Statutory Rape?
No. In Florida, as in most jurisdictions, parents cannot directly press charges for statutory rape.
While they can report the incident to law enforcement, it's the prosecution, typically a state or county attorney, who decides whether to file charges.
They will pursue charges based on the strength of the case, as it relates to proving the elements of the offense. To prove statutory rape in Florida, the prosecution must establish the following elements beyond a reasonable doubt:
- The alleged victim is under the age of consent.
- There must be evidence of sexual penetration or oral or anal sex.
- While consent is not a defense in statutory rape cases, the prosecution may need to prove that there was no coercion or force involved.
Is Not Knowing a Person’s Age a Defense Against Statutory Rape?
No, ignorance of a person’s age is not an allowable defense. Under Florida Statute § 794.021, believing a person to be older or not knowing their real age is a prohibited defense. Even if the other person lies about their age, you cannot use ignorance as a defense.
The court will also not allow the defense to discuss the alleged victim’s sexual history or past sexual conduct. While an aspect of your defense can involve trying to discredit the testimony of the accuser, you can only do so by questioning their:
- credibility based on inconsistencies in their statements or testimony, or
- motives or biases as they relate to financial gain or grudges.
In a Florida statutory rape case, defendants still have access to certain defenses that could apply in any criminal case. For example, a defendant could argue that the alleged sexual encounter never occurred, presenting evidence such as alibi witnesses or inconsistencies in the victim's testimony. They might also claim that someone else committed the crime, providing evidence that supports an alternative suspect.
Defendants can also explore defenses based on:
- Lack of criminal intent
- Mistake of fact
- Lack of prosecutorial evidence
- Inability of the prosecution to prove all the elements of the offense
Facing Florida Statutory Rape Charges? Contact Us!
At Law Office of Jody L. Fisher, our defense attorney provides clients with rigorous defenses, including cases where you are accused of engaging in a sexual relationship with a minor. Attorney Fisher has been representing clients in Lake County and the surrounding areas for nearly two decades and understands how severe the implications of these charges can be.
We are committed to providing robust legal representation, developing strategic defenses, and fighting tirelessly to protect your rights and future. Our team's knowledge of local court procedures and impressive track record of navigating sensitive cases make us well-equipped to handle your defense with the utmost professionalism and discretion.
Get started on your case by calling (352) 503-4111 or completing our online contact form.