16-24 dating law florida

Added: Billie Selden - Date: 30.08.2021 12:21 - Views: 35539 - Clicks: 6612

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. However, the law is clear on what defines statutory rape in Florida and who can and cannot consent to sexual activity.

16-24 dating law florida

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.

16-24 dating law florida

The age of consent is the legally recognized age when an 16-24 dating law florida is believed capable of making decisions regarding sexual activity. In Florida, the age of consent is However, some individuals are believed to be unable to consent because of an inability to understand what they are consenting to because they are incapacitated or because they are physically helpless.

Individuals under the influence of drugs or alcohol may be considered mentally incapacitated and unable to consciously consent to sexual activity. Whereas a victim who is unconscious or unable to communicate may be considered physically helpless, and thus unable to consent to sexual activity. In Florida, there are three parties that can press charges if they believe someone has been the victim of statutory rape.

The parents of a minor can bring criminal or civil charges against an alleged perpetrator. In addition, the State can also file charges without the cooperation of the minor victim.

16-24 dating law florida

The minor victim, upon turning 18, can file a civil suit against the accused for physical or emotional distress. He or she has until their 25th birthday to do so. Even if your partner gave consent, if he or she is younger than the age of consent in Florida 18you can be charged with statutory rape.

Those younger than 18 are not believed capable of giving consent to sexual activity. That means that their stated consent is not legally valid.

16-24 dating law florida

In addition, individuals who do not meet the standard of consent because of mental defect or disability or incapacitation are not considered legally able to consent to sexual activity. Even if both parties are 17, for example, if one party is considered unable to consent, the other party can be charged with statutory rape. Unfortunately, even if the younger party misled the older party about their age, the older party can still be charged with statutory rape.

16-24 dating law florida

By Florida law, the year-old is not old enough to provide consent, however, there is an exemption to the statutory rape law. Stiffer penalties apply to habitual offenders and can include up to 40 years or life in prison. For more information about possible punishments, discuss your case with a qualified Tampa statutory rape attorney.

Every case is different and every defendant deserves a thorough defense that takes into all factors. Protect your future with a skilled Tampa defense lawyer ready to fight for your rights. Mike G Law is committed to providing our clients a vigorous defense. I understand the pressure under which prosecutors work and the mistakes that can be made by an 16-24 dating law florida system focused on convictions instead of people.

16-24 dating law florida

I believe that everyone has the right to the best defense and work with my clients as a partner to ensure their side of the story is told. Discuss your case with a qualified Tampa statutory rape lawyer— contact Mike G Law today. Categorized in: Sex CrimesSex Offenses.

What is considered statutory rape in Florida? What is the age of consent in Florida?

16-24 dating law florida

Who can report a statutory rape in Florida? My partner consented, why am I being charged with statutory rape? What happens if an 18 and a year-old engage in sexual activity? A close in age exemption may lead to a prosecutor choosing not to file charges. What is the punishment for statutory rape in Florida? Seeking Help From a Statutory Rape Lawyer Every case is different and every defendant deserves a thorough defense that takes into all factors.

16-24 dating law florida

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What is the Age of Consent in Florida?