Some defendants are initially shocked when charged with unlawful sexual contact with a minor, or statutory rape as it is commonly called. They may be surprised because they believed their partner was older or because their partner gave their consent. If you are trying to make sense of your statutory rape charge in Florida, hiring a skilled defense attorney is key. In Florida, Statute Sexual activity, in this context, includes oral, anal or vaginal intercourse or penetration. Essentially, statutory rape occurs when one individual is under the age of consent, while the other is 24 years old or older. Statutory rape also includes cases where both parties are minors and where one individual is considered unable to consent because of a mental disability or defect or because of physical or mental incapacitation.
Florida Driver Licensing Law
Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship. In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor. The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender.
The offense must be the only sex crime on the offender’s record. This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society. Section
Minors who are at least 16 years of age are eligible. Minors under the age of 16 In Florida, emancipation automatically effect of certain laws, i.e. drinking and Name, date of birth, custody, and location of any children born to the minor. 4.
In Florida, it is illegal for a person age 18 or older to have sex with someone under the age of 18, even if the sex is consensual. The reason for this is that minors are not capable of giving informed consent to sex in the eyes of the law. Those who break this law have committed the crime of statutory rape. Statutory rape is still a serious offense that requires an experienced criminal defense attorney. The law does not make sex with a minor legal; it simply stops the accused person from having to register as a sex offender.
If convicted, a person may still be subject to fines and imprisonment, so it is important to seek help with your charges to potentially avoid maximum penalty. If you have been accused of statutory rape or another sex crime, you need to put a qualified attorney on your side. Although you may be going through a stressful and frightening time, you are not alone in your fight.
Florida’s Statutory Rape Laws & The Age of Consent
In Florida, the crime of Unlawful Sexual Activity with Minors makes it illegal for a person 24 or older to have consensual sex with a 16 or 17 year old. Under Florida Statute While it is legal under certain situations for an adult to have consensual sex with a minor it is nonetheless Sexual Battery Rape if the minor alleges the sex was non-consensual or forced. Additionally, a child who is 15 years of age or younger is deemed incapable of consenting to sex.
As a result, even if the child verbally consented, it is considered Lewd and Lascivious Battery Statutory Rape to have sex with a child 15 years of age or younger. A person convicted of Unlawful Sexual Activity with Minors would not only be placed on sex offender probation , but would also be declared a sexual offender.
Lewd and lascivious conduct is defined as sexual touching between an adult and a minor younger than Depending on the age of the defendant, the penalties.
Most states terminate child support obligations when a child reaches age of majority or graduates from high school. Other states extend child support payments until the child turns 21 or even longer for adult children enrolled in a post-secondary institution or for adult children with disabilities. It is also the most common trigger for terminating child support payments. Many states have statutory or caselaw allowing for an order of college support, either by court order or by voluntary agreement of all parties.
College support may be in addition to child support, part of child support or a separate order after regular child support ends. In all states, parents have the option to include college education in their child support agreement. Courts generally define “disability” in economic terms as the inability to adequately care for oneself by earning a living.
Below is a chart detailing how states deal with the termination of child support. Alabama law allows post-minority support to be paid in the case of handicapped children. Alaska Stat. Courts may not require either parent to pay for post-majority college support. Solomon v.
What is the Florida “Romeo & Juliet” Law?
Information on the ages used historically in western age of consent laws is not readily available. This table has been compiled from a combination of historical and contemporary sources. By , the first date chosen, many western nations had established an age of consent for the first time, typically of 12 or 13 years. By , when the influence of reform campaigns that established a new link between the age of consent and prostitution had run its course, most had revised their age upward, to 14 or 15 in European nations, and 16 in the Anglo-American world.
Florida. The policy topics, below, address statues and regulations related to Underage Drinking: Minimum Ages for On-Premises Servers and Bartenders.
Florida child labor laws allow youth of any age to work in the entertainment industry subject to several restrictions and limitations. Qualifying work in the entertainment industry includes work in:. FL Statute Youth may perform work in these various productions so long as the work is not determined to be hazardous, or detrimental to their health, morals, education, or welfare. The restriction and limitations on child labor in the entertainment industry are discussed below.
Back To Top. Florida child labor laws set limitations on the hours in a day and a week youth may work for entertainment industry employers, some of which are age specific. No youth may work for an entertainment industry employer before a. Additionally, no youth may be required to work for more than 6 consecutive days. The following age-specific limitations also apply:. FL Admin.
State Child Labor Laws Applicable to Agricultural Employment
Our law firm is still here for you during this time of uncertainty. We are open and conducting business without interruption. Eligibility for a Learner’s License in Florida requires the driver to be at least 15 years old and requires the successful completion of a Traffic Law and Substance Abuse Education course.
States have a variety of requirements for the school attendance age of their students. Most states minimum age limits and compulsory attendance ages. (FLA. STAT. ANN. § ). Georgia. (GA. CODE ANN. § ). 5. (GA.
In the state of Oklahoma, the legal age of consent for sexual intercourse for both males and females is 16 years old. The age of consent is the legal terminology for the minimum legal age at which an individual has the mental capacity to consent to sexual intercourse with another individual. If you don’t want to find yourself facing charges of statutory rape and labeled as a sex offender for the rest of your life , it’s best to have a very clear understanding of EXACTLY how the law is interpreted.
Then it’s better to draw a mental barrier at year-olds just to be safe Regardless, the discussion does not stop at the year-old marker. There are many other issues to consider when discussing the age of consent in Oklahoma. States use a variety of different methods, which take into account the relative ages of both parties. In these states, such as Oklahoma, the age of consent is determined by the age difference between the two parties and is limited by a minimum age. For example, a state may set a minimum age of consent at 14, but limit consent to partners who are within 3 years of their age.
This would allow a year-old to lawfully have sex with a year-old, but make it criminal for an year-old to have sex with the same year-old. In Oklahoma, the age of consent is 16, and the law recognizes an age differential of two years.
Voter Registration Age Requirements by State
Wondering what’s going on in your state? See how your state stacks up on sexuality issues for teens. And don’t forget to find out how to make a difference on these issues. Therefore, you are legally considered an adult at age To learn more, read on!
However, in Florida, the law allows someone as old as 23 (an adult) to date someone as young as 16 (a minor), so you can see where the laws.
An individual who is 19 years old or older has sexual contact with someone who is younger than 16 but older than 12 has committed sexual abuse. Thus, if an adult has sex with a minor below the age of consent, the adult may be charged with statutory rape. In Arkansas, a person must be at least 16 years old in order to consent to sex. Additionally, a person under 17 can legally consent to sex with a person who is no more than 10 years older.
The age of consent varies by state, with most states, including Connecticut, setting it at age Unlike some other states, the District of Columbia does not have a separate law for homosexual conduct. Furthermore, the law is written in gender-neutral language, so it appears to apply equally to heterosexual as well as homosexual conduct.
However, there can be no conviction for statutory rape in Georgia based only on the unsupported testimony of the victim. There must be some additional evidence. However, there is a close in age exception that allows those who are 14 years or older to have sex with someone who is less than 5 years older.