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The Age of Consent in Florida
Consent is voluntary and intelligent permission without coercion or influential pressure. If the person giving consent is under the influence of substances such as alcohol or drugs or is mentally not conscious and knowingly responsive, they are incapable of providing valid consent. While the official age of consent in Florida is 18, many factors beyond the age of the offender and the victim could contribute to a case of statutory rape and sexual battery.
Legal Punishments for Statutory Rape in Florida
If an offender of 18 years old or older engages in sexual battery against someone less than 12 years old, injuring the victim and their sexual organs, the offender commits a capital felony. The capital felony is punishable by the death penalty. When the offender is a minor (under 18 years old), it is considered a life felony. A life felony in Florida means life in prison with no possibility of parole or probation for the entirety of the sentence. If the perpetrator used weapons or deadly force on a victim 12 years or older, the offender is also typically sentenced to life in prison.
Minor vs. Minor: is it Statutory Rape?
If the offender and victim are under 18 but older than 12, a judge may lower the charge to a first-degree felony. A felony in the first degree is essentially a 30-year prison sentence. However, this can fall under a special set of laws colloquially known as “Romeo Juliet Laws.” These laws reduce the penalty for statutory rape in Florida when both parties fall within a specific age range from each other, and all sexual acts for consensual without any type of coercion.
The conditions for this charge to apply include but are not limited to:
- If the victim is incapable of resisting in any way
- If the victim is under threat of any kind
- If the offender has knowingly drugged or intoxicated the victim without the victim’s knowledge
- If the victim is mentally defective, meaning they lack personal mental responsibility and awareness
If the offender is under 18 and engages in sexual battery on a minor older than 12 with no usage of force or violence, they commit a felony of the second degree or 15 years of prison.
Dangerous Sexual Felony Offender and Mandatory Sentencing for Statutory Rape
Florida has a different subcategory for offenders who tend to meet specific criteria:
- Caused severe damage and injury to the victim
- Exploited more than one person
- Used deadly weapons and arms
- Was under the jurisdiction of the court for another offense when they committed the act
If the offender meets these criteria, Florida requires a mandatory minimum sentence of 25 years and for up to life, decided case by case. However, according to Florida state law, offenders under this category who committed the offense on or after October 1, 2014, must have a minimum of 50 years in prison.
Ignorance and Common Law Presumption
Under state law, Florida’s justice department does not uphold the common law presumption of age, which states that a boy under the age of 14 is always presumed not to be guilty or capable of rape. Additionally, the law explicitly highlights that the offender cannot claim ignorance of age as a defense. Forbidding the ignorance of age defense means that the court can still find the offender guilty regardless of whether they claim that they were aware of the victim’s age or that the victim presented a false age. It is the responsibility of the of age, adult party to confirm all other parties’ legal ages.
Evidence at Court of Statutory Rape
If the victim had previously consented to any sexual activity but the incident brought forth was still nonconsensual, the offender cannot argue prior consent as part of the evidence. No party may use the victim’s attire and manner at the time of the incident as evidence in court.
Multiple Offenders in Statutory Rape Cases
If there is more than one offender engaging in the act of rape or statutory rape in Florida, the level of criminality increases. An increase in criminality means that under ordinary circumstances if the incident was a felony in the second degree, a court may elevate the charge to a felony of the first degree. If the felony was initially in the first degree, it now increases to a life sentence.
Duty to Report Sexual Assault and Statutory Rape
If one finds themself bearing witness to sexual battery nor statutory rape and can safely report the incident or seek immediate help for the victim, they must do so. Failure to oblige may result in the conviction of a first-degree misdemeanor.
Additional Unlawful Sexual Acts Involving Minors
Under the condition that the persons engaging in any sexual activity are 24 (or older) and 16-17 years old, the offender (24 years old) commits a second-degree felony. Florida law defines sexual activity as any oral, vaginal, or anal penetration involving other’s sexual organs or any unidentified object.
Paternity and Child Support
If the incident results in a pregnancy and one legally establishes paternity, the offender must pay child support in compliance with Florida’s child support laws. Child support will then be used to help support the mother during pregnancy, and it will continue to support the child’s needs as they grow until 18. Some extenuating circumstances extend payments beyond the age of 18.
Law Enforcement Duties
If law enforcement receives notification of a rape or statutory rape incident, they must seek medical treatment or necessary examinations for the victim. They must also allow the victim to review the full police report and share several state-required resources about their rights and guidance to a legitimate rape crisis center.
Retirement Benefits of the Offender
If the offender commits the crime of statutory rape on or after October 1, 2008, and used their position of power or privilege on a victim under 18, the offender automatically forfeits their retirement benefits under Florida law.
Resources for Victims
Victims of rape and statutory rape in Florida and across the US are not alone! There are 24/7 hotlines available throughout the day. These hotlines have counselors and trained volunteers who are ready to help. They can refer victims to crisis intervention programs, therapy, and other support services for victims regardless of whether or not the victim decides to report the incident to authorities.
Contact Pride Legal
If you or a loved one have concerns about statutory rape and the age of consent, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
