If you are facing criminal charges in the state of Florida, you need to know what is considered statutory rape. As statutory rape charges can result in felony charges, and a conviction can land you in prison for many years, you need the best possible statutory rape lawyer fighting for you in court.
Attorney Matthew Shafran handles these cases at Weinstein Legal Team. He is a former prosecutor, so he has read files like yours from the other side of the table and knows how the state builds them. His job here is to test the state on the two things these cases turn on, age and timing, and to make sure nothing in the file goes unchallenged.
What Is Considered Statutory Rape?
If you find yourself facing charges, you must hire a statutory rape defense lawyer immediately. One who is well-versed in the law, as there are stipulations that outline what may and may not be prosecuted as statutory rape.
Age of Consent
Florida sets the age of consent at 18, with one narrow exception. Under Florida Statute 794.05, 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. A partner who is under 24 is not charged under that section. Where the younger person is 12 to 15, the charge is not 794.05 at all: it is lewd or lascivious battery under Florida Statute 800.04(4), also a second degree felony. Florida's Romeo and Juliet law is a separate statute, Florida Statute 943.04354, and it makes nothing legal. It lets a person who was no more than 4 years older than a victim aged 13 to 17 petition a circuit court to be removed from the sex offender registry after the fact.
Because Florida Statute 943.04354 is registry relief rather than a defense, it will not get a charge dismissed. What decides whether Florida Statute 794.05 applies at all is the age gap on the date of the conduct, and the state will litigate both ages hard. Get a defense lawyer involved before you answer any question about dates, ages or the timeline.
Florida Statute 794.05 reaches a person 24 or older who engages in sexual activity with a 16 or 17 year old. Below that age the charge changes rather than disappearing. Sexual activity with a person 12 to 15 is lewd or lascivious battery under Florida Statute 800.04(4). Where the younger person is under 12, the case falls under the sexual battery statute, Florida Statute 794.011, and the penalties are far higher.
You can read the offense itself at Florida Statute 794.05, the under-16 offense at Florida Statute 800.04, and the Romeo and Juliet registry relief at Florida Statute 943.04354.
Penalties for Statutory Rape in Florida
The penalties for a statutory rape conviction in Florida are steep, making it essential that you hire a statutory rape lawyer to represent you and form the best possible defense. If the Romeo and Juliet law does not apply to you, you may be convicted on felony charges and face up to 15 years in prison, because a violation of Florida Statute 794.05 is a felony of the second degree. Registration is not optional either. Florida Statute 943.0435(1)(h)1.a. lists s. 794.05 among the offenses that require registration as a sexual offender.
These consequences can follow you for the rest of your life. Many employers do not hire individuals with felony convictions, and sexual crimes are considered especially serious. Landlords may deny your application for residence. Registration also puts your name, photograph and address into a public FDLE database that anyone can search, and it follows you when you move. If you have children, you will likely lose custody, and your reputation will be permanently damaged.
A prior record raises the exposure. If the state qualifies you as a habitual felony offender under Florida Statute 775.084, the maximum on a second degree felony goes from 15 years to 30 under 775.084(4)(a). Do not take the chance of facing prosecutors alone. Do not answer any questions from law enforcement, investigators, or a prosecutor without a statutory rape lawyer present.
Who Can Press Charges for Statutory Rape?
Several parties may press charges for what is considered statutory rape in the state of Florida. Even if a minor consents to sexual relations and they are considered illegal, another individual or entity may press charges on behalf of the minor.
Parents
Parents cannot file charges themselves. In Florida only the state attorney decides what gets charged. What a parent can do is report the relationship to law enforcement, and that report is what starts the investigation the charge comes out of. A parent can make it over the child's objection, which is why these cases keep moving even when the younger person wants them dropped.
Parents also may not know that Florida Statute 794.05 only reaches a partner 24 or older. If the relationship they reported falls outside that, the age gap is the first thing a defense lawyer will document and put in front of the prosecutor. Do not make that argument yourself to an investigator, and do not assume it ends the matter.
The State of Florida
You may face statutory rape charges even if a minor's parents have not contacted law enforcement. In this case, it is the state filing criminal charges against you. The state does not need permission or consent from either the minor or their parents to bring you to court.
Situations where this may happen include a school guidance counselor, teacher, or a social worker alerting authorities after learning of a sexual relationship between the two parties. Individuals working in such professions are legally obligated to report statutory rape. If law enforcement finds you engaging in a sexual act with a minor, you may be arrested on the spot.
Contact a lawyer immediately to begin forming a statutory rape defense.
What If Your Partner Consented to Sexual Relations?
Consent is not a defense. Florida Statute 800.04(2) says the victim's consent is not a defense to a charge under that section, and Florida Statute 794.021 says ignorance of the victim's age, or a belief that the victim was older, is not one either. A long relationship, a willing partner and a family that knew about it change nothing about whether the elements are met.
If the younger person is under 16, consent is irrelevant and the charge is lewd or lascivious battery under Florida Statute 800.04(4), which carries up to 15 years. If you are 24 or older, a 16 or 17 year old cannot consent to sexual activity with you either, and the charge is Florida Statute 794.05. Either way you are facing criminal charges that a jury will hear.
You may assume that you are safe from criminal charges if you are in a relationship with a minor. However, this is not the case. You will need a strong statutory rape defense to fight for you in court.
Hiring a Statutory Rape Lawyer
Due to the severity of consequences that come with a conviction, you must hire a statutory rape defense lawyer immediately. Do not assume that because of the Romeo and Juliet law that your charges will be dismissed. You need aggressive legal representation to fight for your rights.
You have too much at stake to face a statutory rape charge in court alone. Your freedom, your chances of employment, your place of living, and so much more. If you are facing charges, contact attorney Matt Shafran at Weinstein Legal Team today for criminal defense for statutory rape charges.
