Is Consent a Defense to Charges of Statutory Rape?
If you are facing charges of statutory rape, it is critical that you speak with a Fort Lauderdale sex offenses lawyer as soon as possible. Consent is not a legitimate defense to these charges. Depending on the circumstances surrounding your case, you may face very harsh penalties, including up to life in prison, if you are convicted. Our Fort Lauderdale sex offense lawyer can review the facts of your case, ensure your rights are protected, and build the strong defense you need.
Understanding Statutory Rape Under Florida Law
The Florida Statutes define statutory rape as any illegal sexual activity with certain minors. Generally speaking, the crime is committed when a person engages in sexual activity with a person who is younger than the legal age of consent, which is 18 years old in Florida. Under the law, it is illegal for a person of any age to have sexual contact with a person who is under the age of 16 years old. For people who are 24 years of age or older, it is illegal to have sexual contact with a person aged 16 or 17 years old.
The law has been enacted to protect minors in Florida. Due to this, the conduct itself is criminalized in Florida, regardless of whether the feelings between the two parties were mutual and despite the nature of the relationship between the parties. For this reason, consent is not a defense to statutory rape charges in Florida.
Defenses to Statutory Rape in Florida
There may be several possible defenses available in your case, depending on the facts. They may include:
- The Romeo and Juliet law: Florida has enacted a Romeo and Juliet law. Although this does not necessarily provide a defense to statutory rape charges, it can eliminate the sex offender registration requirement. To be eligible under the law, the age difference between the two parties cannot exceed four years and the sexual activity must have been consensual.
- Insufficient proof of sexual activity: If the prosecution does not have enough evidence to prove that sexual activity took place, this can provide a strong defense. The prosecution must prove beyond a reasonable doubt that sexual activity occurred.
- False accusations: It is not uncommon for people to unfairly falsely accuse a person of statutory rape. If you can disprove these claims, it can greatly strengthen your case.
It is important to note that you generally cannot claim that you were unaware of the person’s age at the time sexual activity occurred. Mistaken belief and ignorance are not typically defenses under Florida law. However, if you have evidence to show that you had reason to believe the individual was the age of consent, this can help with your defense. For example, if you met someone in a bar or club and they showed you identification that falsely stated their age, this may help with your case.
Our Sex Offense Lawyer in Fort Lauderdale Can Help with Your Case
If you or your child is facing charges of statutory rape, it is critical that you speak with our Fort Lauderdale sex offense lawyer at Haber Blank, LLP, as soon as possible. We can advise on the facts of your case, prepare the necessary defenses, and give you the best chance of beating the charges. Call us today at 954-767-0300 or contact us online to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.05.html
