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Statutory rape is a serious charge in Florida that can carry severe legal penalties and social stigma. Our firm aims to educate clients with as much information as possible regarding statutory rape charges, possible defenses, and the legal process one might be confronted with overall.
When you find yourself facing these charges, a St. Petersburg statutory rape lawyer could help craft a strong defense for your case. Reach out to one of our dedicated sex crimes attorneys today to discuss protecting your rights, finding evidence against the charges, and mitigating a potential sentence.
Sexual activity with a minor, also known as statutory rape, occurs when one person is of legal age and performs sexual acts with someone legally deemed a minor. In this state, the age of consent is 18. Therefore, if the minor in question were 17 or younger, even with full acknowledgment of the situation and consent from the minor, it would be considered a crime under Florida law.
In Florida, the applicable statutes include the Florida Statutes § 794.05 (Unlawful Sexual Activity with Certain Minors) and 800.04 (Lewd or Lascivious Offenses).
The punishment for violating statutory rape laws in this state can be severe. Sexual acts with a minor between 16 and 17 years of age is a second-degree felony that carries a prison sentence of up to 15 years and a hefty $10,000 fine. The penalties increase if the minor is younger, with first-degree felonies having a prison term of life and even the death penalty.
These consequences can be lifelong and include the inability to live near schools or public parks, difficulty finding a job, and ruined personal relationships. Furthermore, the social stigma of being convicted as a sex offender is almost unbearable and often results in societal alienation. Therefore, working with a St. Petersburg attorney could help someone defend themselves against statutory rape charges and possibly avoid these severe consequences.
Depending on the defendant’s arguments and legal strategy, there are many possible defenses a lawyer in St. Petersburg could use. A common defense to statutory rape is the defendant did not know the victim’s real age and was under the impression she or he was of legal age. However, this is the weakest form of defense and requires substantial evidence.
Another common form of defense is the so-called “Romeo and Juliet” law that excuses sex based on consensual sexual intercourse in a young couple. In this defense, the defendant can’t be four years older than the minor, and the minor must be at least 14 years old.
An entrapment defense is one where the defendant was induced to do the act by law enforcement and would not have acted in any form without such entrapment. Consent of the minor cannot be successfully presented in court as a defense since the victim is underage. However, it is permissible and can help in negotiating lesser charges or penalties.
The legal process of a statutory rape case is extensive and complicated. The investigation typically begins as local law enforcement interview witnesses and gathers evidence against the accused person. If there is a sufficient indication of guilt, law enforcement will place an order for their arrest.
During this process, the accused person will also be part of a bond hearing where the court will decide on whether they can be released on bail and the stipulated terms for their release. Similarly, there will be an arraignment where they get formally charged and are required to plead guilty or not guilty.
A court will conduct pre-trial motions and hearings, allowing the attorney to challenge the presented evidence against the accused person and, in some instances, have the charges reduced or dismissed. The case will then go to trial, during which the defense and the prosecution will present their case, and a judge or jury will decide. In such instances, a St. Petersburg defense attorney could provide guidance during the entire process and develop a strong defense plan against the statutory rape charges.
Being accused of statutory rape is a harrowing experience. It involves high legal and personal stakes and requires a lawyer with high knowledge about the crimes and experience to defend the charges. Our St. Petersburg statutory rape lawyers could conduct a thorough investigation of your case for proper representation.
We could defend you during the entire legal process, ensuring that you are not victimized by police or the prosecutor and push for a plea deal that can have charges reduced or sentenced to a minimum. We take the challenge as ours and help you win. Contact us today for a private session and, together, we will lay the path to defense.