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Statutory Rape Charges

Engaging in sexual activity with a minor below the legal age of consent constitutes a grave offense known as statutory rape. In the state of Florida, the age of consent is 18, meaning that any sexual engagement with an individual under 18 is deemed as statutory rape. Committing this crime carries severe consequences, including imprisonment, hefty fines, and lifelong registration as a sex offender. Given the gravity of these penalties, it is imperative to promptly seek the assistance of a statutory rape defense lawyer upon arrest or investigation. At Hanlon Law, our attorneys possess substantial experience in combatting statutory rape charges in Kissimmee, Florida. Facing the daunting prospect of potential loss of liberty, it is crucial to have a dedicated lawyer by your side to develop a robust defense.


Florida Definition of Statutory Rape



Under Florida Statute 794.05, statutory rape is defined as engaging in any form of sexual activity with an individual who is below the legal age of consent. In the state of Florida, the age of consent is set at 18 years old. This means that any sexual activity, including acts like oral sex and anal sex, with a person under the age of 18 is considered statutory rape. Florida law recognizes that minors are incapable of providing legal consent for sexual activity, even if they appear to give consent or initiate the activity themselves. As a result, engaging in any form of sexual activity with a minor under the age of 18, regardless of whether the minor seemingly consented to the activity, constitutes the offense of statutory rape.


Penalties for Statutory Rape in Florida 


The repercussions of statutory rape in Florida can be substantial, contingent upon the specific circumstances of the offense. Statutory rape is categorized as a second-degree felony, thereby exposing the perpetrator to a potential prison sentence of up to 15 years, along with fines reaching up to $10,000. However, the penalties can escalate in severity under certain conditions, such as prior criminal convictions, victimization of a minor under the age of 12, or the utilization of physical force or coercion during the commission of the crime. In addition to incarceration and financial penalties, individuals convicted of statutory rape in Florida are obligated to register as sex offenders for the entirety of their lives. This requirement can have enduring and notable ramifications, including difficulties in securing employment, housing, and sustaining personal relationships.


Legal Defenses for Statutory Rape Charges


Those facing accusations of statutory rape in Florida have several legal defenses at their disposal. One such defense is the "mistake of age," which entails the offender having genuinely believed that the victim was above the legal age of consent. However, this defense can only be employed if the offender took reasonable measures to ascertain the victim's age, such as verifying their identification or inquiring about their age.


Another defense centers on claiming that the sexual activity was consensual. Nonetheless, as previously mentioned, individuals under the age of 18 are legally incapable of providing consent for sexual activity, even if they seemingly consented or initiated the activity themselves. Consequently, this defense is often not successful in statutory rape cases.


A third defense revolves around asserting that the alleged sexual activity did not transpire. This defense may be utilized if the prosecution lacks sufficient evidence to prove the occurrence of sexual activity or if the credibility of the purported victim is in question. It is important to note that the viability and efficacy of each defense hinge on the unique circumstances of the case and the specific facts at hand.


Hire an Experienced Statutory Rape Defense Lawyer in the Kissimmee Area


In Florida, statutory rape is an extremely serious offense carrying profound and lasting repercussions for individuals found guilty. If accused of statutory rape, it is crucial to promptly enlist the aid of a skilled criminal defense attorney who can provide guidance on legal rights and available options. An attorney will also assist in formulating a robust defense strategy, potentially leading to reduced charges or complete dismissal. The legal professionals at Hanlon Law are dedicated to safeguarding the future of those facing rape accusations in Kissimmee, Florida. Leveraging our extensive knowledge and understanding of the local court system and prosecutors, we diligently strive to counteract the severe penalties associated with a statutory rape conviction.


Contact Hanlon Law to schedule a consultation to discuss your charges and hire a Kissimmee criminal defense attorney.

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