Florida has several statutes that criminalize sexual conduct involving at least one underage person. These laws exist to protect minors from sexual contact to which they cannot consent.
Charges of statutory rape present challenges because intent and consent are irrelevant. A statutory rape defense attorney from Metcalf Falls, Criminal Defense Attorneys, P.A. can customize a robust defense to fight these charges and preserve your future.
Call today at 813-258-4800 or contact us to schedule a consultation.
Florida Statutory Rape Laws
The law typically cited as Florida’s statutory rape law, Florida Statutes § 794.05, covers sexual contact between a person 24 or older and a 16 or 17-year-old child. But this is not the only law covering the issue because this law omits children 15 and younger.
Instead, you must look at several laws that cover a range of sexual acts with children under 18. Statutory rape laws in Florida include:
- Sexual battery against a child less than 12
- Lewd or lascivious battery against someone between 12 and 16
- Lewd or lascivious molestation against someone between 12 and 16
- Lewd or lascivious conduct against someone younger than 16
- Lewd or lascivious exhibition against someone younger than 16
- Lewd or lascivious touching by a person 24 or older against someone 16 or 17
- Lewd or lascivious solicitation by a person 24 or older against someone 16 or 17
- Unlawful sexual activity by a person 24 or older against someone 16 or 17
- Sexual battery by a person in familial or custodial authority over a child under 18
The age of consent in Florida is 16 when the other person is under 24 and 18 when the other person is 24 or older.
Romeo & Juliet Law
The Florida Romeo and Juliet law does not decriminalize sexual conduct between adolescents. Instead, this law allows adolescents convicted of certain sex crimes to avoid registration as sex offenders. To use this law, the offender must meet several requirements, including:
- Conviction of an eligible offense involving a victim between 13 and 17
- Registration as a sex offender solely due to this conviction
- Being no more than four years older than the victim
- Allegation that the sexual conduct was consensual
Offenders who satisfy these requirements can petition a court for removal of the sex offender registration requirement.
Penalties for Statutory Rape in Florida
Capital felonies can be punished by the death penalty or life in prison. The only capital felony involving statutory rape is sexual battery against a child under 12.
Life felonies can draw a life sentence and a $15,000 fine. The only life felony involving statutory rape is lewd or lascivious molestation by someone 18 or older against a child under 12.
First-Degree Felonies
First-degree felony offenses are punished by up to 30 years in prison and a $10,000 fine. These offenses include:
- Lewd and lascivious battery by a repeat offender 18 or older
- Lewd and lascivious molestation by a repeat offender 18 or older against a child 12 through 16
- Sexual battery by a familial or custodial authority against a child 12 through 18
Second-Degree Felonies
A judge can impose a sentence of up to 15 years in prison and up to $10,000 in fines for second-degree felonies, including:
- Lewd and lascivious conduct by someone over 18
- Lewd and lascivious battery, first offense
- Lewd and lascivious molestation by someone under 18 against a child under 12
- Lewd and lascivious molestation by someone 18 or older against a child 12 through 16
- Unlawful sexual activity
Third-Degree Felonies
A conviction for a third-degree felony can draw a sentence of up to five years in prison and a fine of up to $5,000. Third-degree felony offenses include:
- Lewd and lascivious conduct by someone under 18
- Lewd and lascivious molestation by someone under 18 against a child 12 through 16
- Lewd and lascivious touching
- Lewd and lascivious solicitation
Bear in mind that prosecutors can charge each encounter separately.
Sex Offender Registry
Anyone convicted of these sex offenses must register as sex offenders. A failure to register or re-register is a criminal offense.
The registry in Florida is public, and anyone can search it online. Moreover, being on the registry limits:
- Employment
- Where you can live
- Places you can go
Equally importantly, anyone can view the public registry, leading to social ostracism.
Statute of Limitations
The statute of limitations for statutory rape offenses depends on the offense. Prosecutors can bring a case for a capital or life felony anytime.
First-Degree Felonies
First-degree felony offenses typically have a deadline of four years, although the time may be extended.
Second and Third-Degree Felonies
Charges for second and third-degree felonies must be brought within three years, although the time limit can be extended.
If prosecutors miss the deadline set by the statute, a judge can dismiss the case.
Possible Defenses Against Statutory Rape
Defenses against statutory rape center on whether you committed the acts charged. Some possible defenses include:
- False accusation
- Mistaken identity
- Legitimate medical examination
The prosecutors bear the burden of proof. They cannot get a conviction if they cannot prove every element of the offense beyond a reasonable doubt.
What if the Victim Lied About Their Age?
Florida Statutes § 794.021 specifically excludes defendants from using ignorance of age as a defense. You cannot defend yourself by saying the victim lied about their age or you reasonably believed they were older.
Is It Statutory Rape if They Consented?
A victim under a certain age cannot consent to sexual contact. If you are 24 or older, someone under 18 cannot consent. If you are under 24, someone under 16 cannot consent. Any sexual contact with a child within these age ranges violates Florida law.
Our Tampa Rape Defense Attorneys Can Help
A statutory rape conviction can lead to a lifetime of legal and social consequences. Contact Metcalf Falls, Criminal Defense Attorneys, P.A. or call 813-258-4800 today to discuss your statutory rape charge and how we can help you.
