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Statutory Rape

It is often thought that living in the 21st century entails one having a deeper understanding and utmost respect for different views and opinions. Premarital sex, same-sex relationship, and teenage pregnancies have become more common and no longer appear abhorrent and promiscuous to many people. For the hopeless romantics, love knows no boundaries regardless of race and gender. This belief seems to triumph as governments in different countries become more lenient with these things. 

However, overt prejudices against age differences continue to reverberate in many places. When one of the persons involved is still considered minor, complaints may still arise, leading to the arrest of someone already of legal age despite mutual consent. Although child marriage remains prevalent in Africa, South Asia, and the Middle East, the legality and morality of having sexual contact with a minor remain one of the biggest social issues. Despite the agreement of both parties, many countries still consider it statutory rape. In this article, we will discuss statutory rape further and determine what steps Miami takes to suppress it. 

A Brief Overview of Statutory Rape

Statutory rape is defined as non-forcible sexual activity or contact wherein one of the persons involved is below the age of consent. To put it simply, it pertains to adults having sexual contact with minors or those under the age of consent. The age of consent is the legally acceptable age to consent to important matters such as this behavior. In most countries, the age of consent is 16, but in others, the range can be as low as 12-14. 

Various jurisdictions use many legal terms for crimes related to sex and rape. Sexual assault, rape of a child, corruption of minor, unlawful sex with minor, carnal knowledge of a minor, sexual battery, or carnal knowledge are some examples. Sometimes child sexual abuse and child molestation are used, but statutory rape is far different since it involves mutual consent of both persons. Meanwhile, sexual relations with a prepubescent child are often viewed as a more serious crime. Hence, statutory rape does not usually involve force or threat. Nevertheless, laws presume coercion since a minor is considered incapable of consenting to the act. 

Understanding Statutory Rape in Miami

Under Florida Code §794.05, statutory rape is defined as engaging in sexual activity with a minor or person below the age of consent. Under the statutory rape law in Florida, a child under 16 years of age is viewed as incapable of consent to sexual activity, regardless of the defendant’s age and status. Although the view seems to be rigid, it has some exceptions concerning the age of consent. 

Basically, these exceptions apply to persons with disabilities (PWDs). They also apply to the distinction between the age of consent and the legal age of consent. While it appears pretty baffling, the difference shows that a 16 or 17-year-old individual without disabilities can consent to sexual activity with someone not older than 24. 

Meanwhile, a person 18 or older without a disability can consent to sex with someone regardless of the age difference. We can use the case of 16-year-old Jamie Lynn Spears in 2007 as an example, although it was under the Louisiana State Law. The alleged father of his child was Casey Aldridge, who was already 18 years old at that time. Despite the rumors, the prosecution never happened. Had it happened in Miami, Florida, it would have been dismissed as well. If threats and coercions were proven, it would still be a different case since it would be considered a rape crime. Given all these, it is important to know a few differences between rape and statutory rape. The following statements may help us have a deeper understanding of it:

  • Statutory rape is a second-degree felony that may result in arrest and 15 years in prison, or 15-40 years or life imprisonment for habitual offenders. Moreover, the death penalty may apply if the act results in the death of the victim. 
  • Unlike other rape crime provisions, consent is mostly disregarded in statutory rape since the victim is considered incapable of consenting to the act. Hence, it may not be used as a possible defense. 
  • The fact that the victim does not have to press charges against the accused makes statutory rape different from other rape crimes. In short, the state may be the one to press charges.

Statutory Rape in the Eyes of Florida Law

Specific Acts

Florida considers the following specific acts to be considered as statutory rape. 

  • Unlawful sexual activity, specifically sexual penetration between a 16 or 17-year-old-minor without disability and an adult above 24, may result in the latter’s conviction with $10,000 in fines and up to 15 years in prison.
  • Lewd and lascivious molestation or sexual touching between a defendant and a minor also falls under this category. The degree of penalties, which may vary from 3-15-year imprisonment, depends on the age of the victim and the defendant.
  • Lewd and lascivious battery is also known as sexual penetration between an adult and a 13-15-year-old minor. Penalties range from seven years and six months to 15 years in prison.
  • Lewd and lascivious conduct or sexual touching between an adult and a 16-year-old individual depends on the defendant’s age. The penalties vary from two years and six months to five years in prison.
  • Contributing to the delinquency of a minor: If statutory rape results in a pregnancy, two to six-year imprisonment may apply. 

Sex Offender Registration

Aside from applicable fines and prison time, State Law requires people convicted of certain sexual crimes (including statutory rape) to register as sex offenders. But one may appeal to the court if he falls under the “Romeo and Juliet” exception.

Statute of Limitations

The statute of limitations for statutory rape in Florida is three years. With that, victims may file and press charges within three years to assert their validity and entitlement to prosecution. Meanwhile, ignorance of the victim’s actual age may not be used by defenders, so seeking assistance from a  statutory rape attorney is important. 

Defenses to Statutory Rape

As previously mentioned, consent is not a defense to statutory rape, unlike other rape charges. Statutory rape laws consider minors legally incapable of giving consent to this act. Therefore even if the minor “consented,” sexual activities would still be illegal and may result in a conviction. 

The “Romeo and Juliet” Exception

Due to a growing number of teens engaging in sexual acts or intimacy as part of their relationship, some jurisdictions considered The Romeo and Juliet Exception and passed laws to support it. Named after Shakespeare’s young lovers, it reduces or eliminates penalties when the age difference is minor, and both persons can give consent. 

It appears vague and quite inconsistent as sexual contact itself is prima facie evidence of guilt if either of the parties is a minor. But to maintain its objectiveness, the law does not apply to a couple, wherein the older party has an authoritative power or position over the other one regardless of the age difference. 

Some examples include teacher-student relationships, coach-player relationships, and the like. In Florida, the Romeo and Juliet exemption for consensual sex are limited when the minor is 13-17 years old and at least four years younger than the defendant. If the latter meets certain eligibility requirements, he will no longer register as a sex offender. However, it does not always guarantee avoidance of fines, imprisonment, or both. 

Reasonable Mistake of Age

Defendants often claim their ignorance and deny the obligation to know that their partner was underage. They may also argue that the victim represented that she was older than she was and that a reasonable person would have believed her. However, Florida does not accept it as a defense.


Despite the broad support for statutory rape, there are ssues and arguments surrounding its fairness and legality. Some questions on the vigorous pursuit of statutory rape cases and the specific circumstances to consider still arise. For example, the Supreme Court of Ireland found it unconstitutional due to preventing and invalidating reasonable defense. It led to the release of persons held and imprisoned under statutory rape law and public demands for its emergency legislation. Nevertheless, some individuals were rearrested shortly thereafter to serve their respective sentences. 

Common Penalties for Statutory Rape
ImprisonmentStatutory rape is a second-degree felony that may result in arrest and 15 years in prison, or 15-40 years or life imprisonment for habitual offenders. Moreover, the death penalty may apply if the act results in the death of the victim. 
FinesStatutory rape due to unlawful sexual activity with minors and lewd and lascivious molestations and battery and conduct include fines up to $10,000. When the defendant was younger than 18 years old at the time of the act, penalties would be lower at $5,000. When a 21-year-old or older individual impregnates a minor, a fine of up to $5,000 will be imposed. 
Community ServiceCommunity service may be imposed if both parties are minor. 
Mandatory CounsellingMandatory counseling is given to both the victim and the defendant to assess potential trauma and the background of both parties. 
Sex Offender RegistrationState Law requires people convicted of certain sexual crimes (including statutory rape) to register as sex offenders. 
ProbationAn offender will only be placed under probation if the evidence remains insufficient,
House ArrestHouse arrest of the accused will be made with evidence, and due process will be applied up to imprisonment and fines. 

Did You Know?

“Statutory rape is a serious crime which can have lasting effects on your life. So, if you’re facing one, you should get legal assistance as soon as possible.”

– Company Owner

Getting Legal Assistance for Your Statutory Rape Case?

If you are facing statutory rape charges, you may reach out and seek assistance from  Diamond & Diamond Law or any experienced attorney in your area. Remember that the law can change at any time, and an attorney can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case. They can help you negotiate with the prosecutor for lesser penalties since they already know how judges typically handle cases like yours. 
You may also wish to contact Diamond Law Miami today to get help in understanding your case further and knowing how to compute compensation for pain and suffering and other damages. They can help you in this case, especially when you’re unjustly accused or arrested.

FAQs About Statutory Rape

It is the use of drugs to lower hormones in testicles to reduce sex drive, sexual fantasies, and capacity for sexual arousal.

Discretionary and mandatory chemical castrations are applied to first-time and repeat offenders, respectively.

The statute of limitations for statutory rape in Florida is three years. With that, victims may file and press charges within three years to assert their validity and entitlement to prosecution.