A statutory rape offense depends solely on the ages of the parties involved. Florida sex crimes laws provide that minors are legally unable to consent; therefore it is important to remember that even if the minor gives actual consent to the sexual activities, the State of Florida law maintains that when the victim is under the age of consent, the law considers the victim as not old enough to give consent to sex. The legal effect is the equivalent as if no consent had been given. Throughout the U.S. the age of consent ranges from 14 years old to 18 years old, with 16 years old being the most common age.
Most jurisdictions do not utilize the term statutory rape. Other classifications for this form of offense are:
- Rape
- Unlawful sexual penetration
- Felonious Sexual Assault
- Unlawful Sexual Contact
- Sexual Assault on a Minor
Statutory rape does not include situations where:
- You are a doctor completing a legal and consensual procedure (such as a gynocology exam)
- The involved parties are married
Melbourne Statutory Rape Defense Attorneys
In general, statutory rape charges are often backed by “he said, she said” statements, which refers to the principle evidence as the word of the alleged rape victim. The result of rape cases is contingent largely on the criminal defense attorney you hire to legally represent you.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Statutory Rape in Florida
Statutory rape refers to any sexual act between a person below the age of consent and a person well above the age of consent, per Section 794.05 of state statutes. In Florida, the age of consent is 18 years old. This means that any person 24 years or older who engages in sexual activity with a person 16 or 17 years of age is liable to a second-degree felony.
Florida laws regarding statutory rape are complicated because an individual who engages in sexual activity with a minor, occasionally when the minor has misrepresented their age, is still liable to be charged with statutory rape. The fact that the accused statutory rape offender had reason to think the victim was of legal age is not a valid defense.
“Statutory Rape” is a colloquialism that refers specifically to Chapter 794.05, “Unlawful sexual activity with certain minors” under Chapter 794, laws on Sexual Battery.
Penalties
Statutory rape is treated as a second-degree felony, punishable by up to:
- 15 years in prison and/or
- $10,000
Potential Defenses
A statutory rape conviction can follow you for the rest of your life. If convicted, you can face a lifetime registration as a sex offender and severe criminal penalties.
Sex crime charges are normally in the words of the accused offender against the word of the victim. Offenders should understand that it is imperative not be tempted to plead guilty early in these forms of cases. Hiring an attorney is a significant decision, at The Law Offices of Mark Germain, our experienced criminal defense attorneys will strive to plan a strong defense for you that will overpower the prosecution.
Physical evidence may be available directly after the alleged statutory rape act. Evidence of this nature could be used in your defense if you obtain an efficient criminal defense team without delay.
An efficient criminal defense law firm often employs psychologists, medical professional, investigators and a skilled sex crime attorney with the expertise to use these tools in the most effective manner.
Additional Resources
Sexual Assault Program – The Florida Council Against Sexual Violence provides a way to access the nearest sexual assault program in your area.
Statutory Rape Statute – Read the full statute on sexual battery in state code.
Hire a Criminal Defense Attorney for Statutory Rape in Brevard County
Mark Germain, a skilled Space Coast criminal defense attorney, is ready and willing to defend you.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
