Florida Statutory Rape Laws
Florida statutory rape law states that, it is unlawful for someone 18 years or older to have sexual intercourse with a person younger than 18. Even if the act is by mutual consent, it is classified as statutory rape.
The premise behind this law is based on the assumption that someone below the age of 18 is not capable of agreeing to sexual acts. Their inability to give consent is decreed into the statute – therefore the term “statutory rape.” As mentioned earlier on in this article, the legal age for consensual sex varies among states, with some states differentiating between consented sex between minors of the same age or in close age such as same age teenage persons, as opposed to the same act involving a teenager and an adult.
Even though, statutory rape doesn’t require prosecution to prove an assault, it still remains rape. Rape that involves an assault is illegal in Florida and is classified as a felony. Sexual assaults do vary in Florida, and they can be charged under child molestation or assault and battery or enticement.
Statutory Rape Cases and Penalties
In Florida, statutory rape cases are prosecuted under sexual battery and lascivious and lewd conduct laws. Liable penalties vary and depend on the age of the victim and the defendant. These offenses are broken down into different categories, and their penalties differ based on circumstances leading to the crime. Below is a description of them.
Illegal sexual acts with certain minors: This includes any form of sexual penetration whether with a body part or objects with someone of ages 16 or 17 and someone of at least 24 years of age. Convictions may include a 15-year jail sentence, a fine of up to $10,000 or both.
Lascivious molestation: This includes sexual fondling, touching between a minor and the defendant. The offense is classified as a first-degree felony provided the minor is under the age of 12 and the perpetrator 18 years of age or older. Convictions include 25 years in prison to life.
If the minor was between 13 and 15, and the defendant 18 years or older; or the minor below 12 and the defendant 17 years of age or younger, penalties will include 4 to 15 years in prison.
If the minor was below 16 and the defendant 17 or younger, penalties will range from 3 to 15 years in prison.
Lascivious and lewd battery: This includes sexual intercourse between a minor who is between 13 and 15 years of age and an adult. Penalties range from 7 to 15 years in prison.
Lascivious and lewd conduct: This involves sexual touching between a person under the age of 16 and an adult. Defendants 18 years or older will receive penalties ranging from two years to 15 years in prison. There are circumstances where penalties will include probation without prison time, such as if the defendant was found guilty of solicitation, but without performing a sexual act.
If the defendant was below the age of 18 during the crime, penalties will range from two years to five years in prison. Again the punishment may also include probation without prison time provided the defendant did not engage in a sexual act.
Contribution to the delinquency of an under-age person may be a probable charge if the defendant gets the victim pregnant as an outcome of statutory rape. The penalty will range from two to six years in prison.
i guess thats the appeal.
