Few crimes carry as many long-term adverse consequences as sex based offenses which can have an impact on where one can reside and one’s reputation for many years after one has fully served the terms of one’s sentence.  Statutory rape is an example of a sex-based offense that can have a long-term impact on one’s life including the requirement of registering as a sex offender.  The purpose of the law is to prevent adults from engaging in consensual sexual relations with minors under the age of 18.  In some respects, the statutory rape law in Florida is less draconian than in other states but it is fairly harsh in other respects.

Once key element of the statutory rape law in Florida is that an adult for purposes of this provision is a person who is age 24 or older.  This makes Florida law different than that in many other states where a high school couple can run afoul of a statutory rape statute if one partner is 18 and the other 17.  The statute specifically defines statutory rape as sexual activity between someone who is 24 years old or above and a minor who is between 16 and 17 years old.  The law applies to vaginal, oral and anal sexual activity.  This makes Florida’s statutory rape law more clearly targeted toward those who are older taking advantage of a teenager’s immaturity and inexperience.

However, the Florida statutory rape law is fairly harsh in that ignorance of age cannot be used as an excuse.  The unfairness of this principle as applied in certain situations should be obvious.  If a 17-year-old is sitting in a bar drinking alcohol, the statute prohibits raising this as evidence that the person charged did not know that the minor was underage.  The presumption that someone drinking in a bar is over 18 would seem reasonable given that it is unlawful to serve anyone under 21 with an alcoholic beverage in Florida.  The girl could have even used a very real looking fake ID to order a drink in your presence and lied to you about her age.  This will not shield you from statutory rape charges in Florida because age may not be raised as a defense.

Consent is also not a defense to statutory rape charges because it is presumed that a person who is between 16-17 does not have the experience and maturity to consent to sexual activity with an adult over the age of 24.  While there are effective defenses against Florida statutory rape charges, it is important to quickly assess the evidence in the case.  Without physical evidence of intercourse, testimony by the minor or incriminating admissions by the accused, these cases can be difficult for a prosecutor to prove.  Our experienced Florida criminal defense attorneys will seek to have the case dismissed, but we are prepared to seek an acquittal at trial.  We may be able to build a strong enough case to persuade the prosecutor to reduce the charges to avoid such onerous penalties as registration as a sex offender or jail time.

We understand that those charged with a Florida sex crime face serious consequences that can effect their career, marriage and public reputation not to mention their freedom.  We carefully examine all of the evidence in our client’s case so that we can develop the best possible defense strategy.  Our experienced Florida sex crime attorneys offer a free initial confidential consultation so call us today to protect your future.