The police showed up at my door and accused me of having sexual relations with a woman who was underage. There was consent and she told me she was 20 years old. She turned out to be 16 years old. What should I do?
If the police show up asking questions, you should not answer any of their questions or make any statements to them regarding the accusations. Once they leave, call an attorney who specializes in criminal defense and explain the police are making these alleged accusations against you. The attorney will provide you with legal advice by explaining your next steps and advising you to not contact the other party involved, or speak to the police without an attorney present.
In Florida, having sexual relations with a minor can result in criminal charges, leading to prison time and hefty fines. The age of sexual consent is 18 years old- anyone under the age of 18 is considered a minor. Regardless of the minor giving consent, Florida law declares minors to be incapable of giving informed consent.
Three different parties may bring charges against you:
- The minor;
- The parents of the minor, without the minor’s approval; or
- The state, without the minor’s approval.
One exception to Florida’s statutory rape statutes is the Romeo and Juliet Law. Named after the infamous William Shakespeare play, it considers a certain age group and the consensual nature of the action. If the minor is between 14-17 years old and the defendant is less than 4 years older, as well as the act being consensual, the Romeo and Juliet Law may take place. The actions will still have criminal penalties, but they allow the defendant to not be placed on the sex offender registry.
The felony degree, prison time, and fines are determinative of the minor’s age. Potential charges against you include:
- Lewd and Lascivious Battery
- This involves sexual penetration (with a body part or object), with the criminal penalties depending on the age of the minor.
- If the minor is under 12 years old and the defendant is over 18 years old, that is a capital felony.
- A capital felony results in the death penalty or life imprisonment without the possibility of parole.
- If the minor is between 13-15 years old and the defendant is over 18 years old:
- The result is a 2nd degree felony, up to 15 years in prison, and/or a $15,000 fine.
- Lewd and Lascivious Molestation
- This involves sexual touching (including over clothing) with a minor under the age of 16.
- The criminal penalty depends on the age of the minor.
- If the minor is under 12 years old and the defendant is 18 years or younger, that is a life felony.
- A life felony is a life sentence with the possibility of parole.
- If the minor is between 12-15 years old and the defendant is over 18 years old, or the minor is under 12 years old and the defendant is under 17 years old:
- The result is a 2nd degree felony, up to 15 years in prison, and/or a $10,000 fine.
- If the minor is over 12 years old and the defendant is under 17 years old:
- The result is a 3rd degree felony, up to 5 years in prison, and/or a $5,000 fine.
- Unlawful Sexual Activity
- This involves sexual penetration (with a body part or object) with a 16-17-year-old minor and the defendant is at least 24 years old.
- The result is a 2nd degree felony charge, up to 15 years in prison, and/or a $10,000 fine.
- This involves sexual penetration (with a body part or object) with a 16-17-year-old minor and the defendant is at least 24 years old.
If the encounter results in pregnancy, an additional 2-6 years will be added to the prison term.
If you are convicted of one of the crimes listed above, not only will you receive prison time and a fine, but you will be added to the sex offender registry.
Again, in statutory rape cases, mistake of age is not a defense. Contact an attorney at the Law Office of Adams & Luka, P.A., for a free consultation.