Even though movies like Manhattan and Lolita have managed to
glamorize an older adult having sex with teenagers, this is still
statutory rape and it is criminal. Statutory rape consists of sexual
intercourse, which is why it is against the law because of the age of
the victim. The law has made the determination that consensual sex
cannot be given from an individual that is too young to understand.
Statutory rape is considered a "strict liability" crime. This means the
rapist cannot use ignorance of the person's age as a defense, even a
bona fide belief of the victim being "old enough" is not a defense. In
addition, if the victim lies about their age, this is still not a
defense.
16 & 17 Year Olds
According to Florida law, 18 is the age of consent. Florida Statute § 794.05, explains that young people who have sexual relationships with people who are younger than 24, the statutory rape law will not apply. The statutory rape law is more concerned with adults over the age of 24 who have sex with young people who are 16 and 17 years of age. Florida law does however recognize the fact that 16 and 17 year old teens do have consensual sex with people who are close to their own age.
Under 16
Florida Statute § 800.04 explains that anyone having sexual relations with young teens under the age of 16 is unlawful, no matter what the age of their partner. Even in today's world, there are still some people who are older than 24 who do not know that if they have sex with someone who is 16 or 17, it is against Florida law. Furthermore, they may have no idea of their partner's age and believe they are at least 18 and capable of giving consent. A lot of times, the victim will lie about their age and claim to be 18 or even older, but the statutory rape law is still considered a strict liability crime, and people over 24 will be prosecuted under that law.
History, Gender, & Reporting
The statutory rape law says that the victim's sexual history is not relevant, and even though the victim may have more sexual experience than the older partner, the older partner will still be prosecuted. Because the law is written in a gender neutral language, the law also applies to women over 24 who have sexual relations with a young boy or girl of 16 or 17 years old.
In addition, the statutory rape law also applies to oral or anal intercourse between people of the same sex. If a person over 24 has sex with a person who is 16 or 17 years old, he or she will be prosecuted. Additionally, Florida Statute § 39.201(1)(b), mandates that professionals such as nurses, teachers, doctors, social workers and school officials must report child abuse by a juvenile sex offender and by an adult.
Criminal Defense
Because statutory rape is such a serious crime, that comes with serious penalties as well as serious consequences, if you or someone you know is under investigation, or has been charged, they will need an experienced criminal defense lawyer.
16 & 17 Year Olds
According to Florida law, 18 is the age of consent. Florida Statute § 794.05, explains that young people who have sexual relationships with people who are younger than 24, the statutory rape law will not apply. The statutory rape law is more concerned with adults over the age of 24 who have sex with young people who are 16 and 17 years of age. Florida law does however recognize the fact that 16 and 17 year old teens do have consensual sex with people who are close to their own age.
Under 16
Florida Statute § 800.04 explains that anyone having sexual relations with young teens under the age of 16 is unlawful, no matter what the age of their partner. Even in today's world, there are still some people who are older than 24 who do not know that if they have sex with someone who is 16 or 17, it is against Florida law. Furthermore, they may have no idea of their partner's age and believe they are at least 18 and capable of giving consent. A lot of times, the victim will lie about their age and claim to be 18 or even older, but the statutory rape law is still considered a strict liability crime, and people over 24 will be prosecuted under that law.
History, Gender, & Reporting
The statutory rape law says that the victim's sexual history is not relevant, and even though the victim may have more sexual experience than the older partner, the older partner will still be prosecuted. Because the law is written in a gender neutral language, the law also applies to women over 24 who have sexual relations with a young boy or girl of 16 or 17 years old.
In addition, the statutory rape law also applies to oral or anal intercourse between people of the same sex. If a person over 24 has sex with a person who is 16 or 17 years old, he or she will be prosecuted. Additionally, Florida Statute § 39.201(1)(b), mandates that professionals such as nurses, teachers, doctors, social workers and school officials must report child abuse by a juvenile sex offender and by an adult.
Criminal Defense
Because statutory rape is such a serious crime, that comes with serious penalties as well as serious consequences, if you or someone you know is under investigation, or has been charged, they will need an experienced criminal defense lawyer.
Tampa Criminal Lawyer, Will Hanlon is a Tampa Attorney
who specializes in sex crimes including sexual assault, rape,
molestation and false accusations of sexual related crimes.Contact us at
our website to learn more.
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