However, under Florida Statute 943.04354which was enacted into law in 2007there is what is referred to as the "Romeo and Juliet" provision. A few states allow defendants to offer evidence that they honestly and reasonably believed the minor to be over the age of consent as a defense to a charge of statutory rape. Therefore, an 18 year old should exercise caution and responsibility when engaging in any form of physical intimacy with a 16 year old. Discuss your case with a qualified Tampa statutory rape lawyercontact Mike G Law today. 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. The applicant had sex with a minor between the ages of 14 and 17. In addition, the State can also file charges without the cooperation of the minor victim. The age of consent is a matter of public policy, and the age of majority is a matter of law. Although a judge may deny even a qualified applicant relief from the registration requirement, the court must give some explanation. The Age of Agreement All US states set a legal age of consent for sexuality relations. Physically helpless is when an individual is asleep or unconscious. These protections can include: The effect of a Romeo and Juliet law varies from state to state. To be guilty of most crimes, a defendant must intentionally or knowingly commit a criminal act. Statutory rape is a crime that involves sexual contact with a person who is under an age specified by law, commonly referred to as the "age of consent." 24. What is the Age of Consent in Florida? Daytona Beach, FL 32114 Sexual assault Sexual assault of a minor could be charged under the state's child molestation or child enticement laws. Daytona Beach, FL 32114 If you are an adult, sexual intercourse with a minor (someone younger than 18) is considered statutory rape, which is a serious crime. Statutory rape in Florida carries a maximum sentence of 15 years in prison and a fine of $10,000 for first-time offenders. Legal Authority Regarding Florida's Romeo and Juliet . But, a 40-year-old coach could face 20 to 30 years in prison for statutory rape of a 14-year-old student athlete. What is Florida's "Romeo and Juliet" Law? | Florida Sex Crime Defense Florida's age of consent is 18, although Florida does have a " Romeo and Juliet " statute. Around half of the states have Romeo and Juliet laws. Her Lawyer is neither a law firm nor an attorney referral service. Posted on March 9, 2023 March 29, 2023 by Ben Stechschulte When it arrive to defenders against sex crimes, Florida's "Romeo & Juliet Law" modifies the penalties for persons involved in concerted sexual relationships with minors. The Romeo and Juliet law exists in order to protect young people who are in relationships with someone older than them. It is critical that everyone knows the law, and when it may or may not apply to them. The answer to this question is Yes, a 16 year old can give consent in Florida. Our Sex Crimes Attorney in Tampa Can Defend Your Case. Is the Age of Consent 16 and 17 in Majority of US States? Can a 23 year old date a 16 year old in Florida? This material may not be reproduced without permission. Sometimes called the Romeo and Juliet lawafter Shakespeares star-crossed Veronan lovers, a close in age exemption may apply to couples where one party is 16 or 17 years old and the other party is 23 years old or younger. The best way to get a bad law repealed is to enforce it strictly. An individual who is mentally incapacitated is under the influence of alcohol or drugs and unable to process what is happening at that time. Under California Penal Code 261.5 PC, statutory rape occurs when a person engages in sexual activity with a minor under a certain age. Florida's "Romeo and Juliet" law was created during the 2007 Legislative Session to address concerns about high school age youth being labeled as sexual offenders or sexual predators as a result of participating in a consensual sexual relationship. A Romeo and Juliet law provides people accused of statutory rape with various defenses and exceptions. The information presented on this site should not be construed to be formal legal advice. Florida Statutory Rape and Age of Consent Laws - CriminalDefenseLawyer.com If you have any questions or concerns, it is important to talk to a trusted adult, such as a parent, guardian, or counselor. Given the lifelong consequences attached to a sex crimes convictioneven for conduct where both parties were willing participantsit is essential that you seek out timely legal advice before heading into court. DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. contact our Daytona Beach criminal defense lawyer at the The following are the types of Nothing on this site should be taken as legal advice for any individual case or situation. Gaetz has not been charged in this case as of this writing, and many details of the investigation are unknown. An adult who therefore engages in sexual conduct with a minor can therefore be charged with statutory rape, even if the minor is a willing participant. The age of marriage is the age at which a person is legally allowed to marry. Second, the law does not apply if one of the individuals involved is a teacher, administrator, or other employee of a school. Typically, Romeo and Juliets laws apply when the accused and the victim are close in age. Accordingly, any sexual contact between the two parties could be considered a crime. Although there is no Romeo and Juliet law in California, other defenses may be available to a person accused of statutory rape. But in the Gaetz case which is why this discussion erupted on social media in March 2021 investigators are also looking into whether he violated a federal sex trafficking law and not just a state law, which is why the tweet above can also be characterized as misleading. Some states have exceptions or allow defenses or reduced penalties when the circumstances involve a relationship between young people close in age or young people who both are under the age of consent. The legal age of consent in Florida is 18, which means that it is unlawful to have sexual contact with a minor, as this can lead to statutory rape charges. If the victim is younger than 16 years old, the defendant may be charged with a felony and face up to 30 years in prison. Florida can strict laws about consent in sexual relationships. Sexual assault includes rape, nonconsensual sexual touching, sexual intimidation, and indecent exposure. 2014 - 2023 All Family Law Group, P.A. When selecting an attorney, it is crucial to make an informed decision based on factors beyond advertising alone. Sex crimes involving children are treated very seriously under Florida law, with most being felonies punishable by years' long imprisonment terms and fines. Florida's Romeo and Juliet law. Legal services will only be provided upon the execution of a signed agreement between the client and the attorney. The information in this article provides an overview of the law relating to statutory rape. For example, in some states application of the law can vary depending on whether the older person is in a position of power over the younger, or the age gap between the two people. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. What are the Age of Consent Laws in Florida? - Ratzan & Faccidomo LLC sex crimes which fall under the category of statutory rape in Florida and their corresponding The content and interpretation of the law addressed are subject to revision. What Is Florida's Romeo and Juliet Law? | Florida Age of Consent In Florida, the age of consent is 18 years of age, meaning individuals 17 years old or younger are not able to legally consent to sexual activity. But there are also Romeo and Juliet laws across the country, including in states like Texas. However, the law is clear on what defines statutory rape in Florida and who can and cannot consent to sexual activity. Local: (386) 253-4750, 120 S. Woodland Blvd. 2015 - 2023 Baez Law Firm. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); What is Considered Statutory Rape in California? Unfortunately, even if the younger party misled the older party about their age, the older party can still be charged with statutory rape. In Florida, the age of consent is 18 years old. penalties: However, Florida does have a close-in-age exemption law, which is also states began to raise the age of consent to as high as twenty-one in order to prevent young women from engaging in non-marital intercourse. The age of consent in Florida is normally 18. xt of Florida's Romeo and Juliet Law 159. Being charged with breaking those consent actual can enter one on the sexual offender registry, which can can lifelong impacts. Have you been accused of statutory rape in the San Diego area? This field is for validation purposes and should be left unchanged. The Age of Consent in Florida. Statutory rape is based on the belief that individuals younger than the legal age of consent cannot give valid consent to sexual activity. What Are the Penalties for Arson in Florida? Floridas Romeo and Juliet law applies to individuals ages 13 through Californias age of consent is 18 years of age. Age of consent laws are not uniformly defined across all states. DeLand, FL 32720 This advertising does not imply a superior quality of legal services than that provided by other attorneys, nor does it imply that the attorneys are certified specialists or experts in any specific area of law. To discuss your case and defense options, contact a reputable criminal defense attorney as soon as possible. What is the legal age of consent in Florida? It is important to note that the age of consent is not the same as the age of majority. Florida does not recognize ignorance or belief of someones age as a defense. This site is protected by reCAPTCHA and the GooglePrivacy PolicyandTerms of Serviceapply. Depending on the situation, the Florida close-in-age exemption may completely exempt . Protect your future with a skilled Tampa defense lawyer ready to fight for your rights. . Florida's Romeo and Juliet law applies to individuals ages 13 through 17 years old who engage in consensual sexual activity with an adult who is no more than four years older. If you are 16 or older and are considering having sex with someone who is 18 or older, it is important to understand the risks and consequences involved. In more than eleven states, including Florida, the age of consent is 18 years old. It is important to read these laws carefully because they are very specific about when they apply. One example is in a sexual assault case which provides an affirmative defense for an actor not more than three years older than the victim, as long as the victim was a child of 14 years of age or older.. We found that more than 30 states across the U.S. define the age of consent as 16 years old. 150 S. Palmetto Ave., Suite 100 Can a 16 year old give consent in Florida? Age Discrepancy Considerations in Statutory Rape Law. A person convicted of a sex crime in Florida may still be required to register if applying Section 943.04354 would otherwise conflict with federal law. What Are The Punishments For Violating The Florida Age Of Consent Law? The minor victim, upon turning 18, can file a civil suit against the accused for physical or emotional distress. Consent does not occur if a person was coerced or pressured into engaging in sexual activity. Statutory Rape Laws and Charges - CriminalDefenseLawyer.com Website Design by Juris Digital. The age of consent is also different from the age of marriage. These laws are commonly referred to as "Romeo-and-Juliet" laws, in reference to Shakespeare's young star-crossed lovers. | Mandell Law Toll Free: (877) 256-4750 It only provides individuals with the opportunity to petition the court for a . Unrestricted: age from which one is deemed able to consent to having sex with anyone else or marriageable age if they must be married History While the unrestricted age of consent is between 16 and 18 in all U.S. states, the laws have widely varied across the country in the past. What is Florida's "Romeo and Juliet" Law? Local: 386-253-4750, Contact the Law Offices of Robert Stepniak. Regardless of the presence or absence of consent, all sex with any below this age is considered rape unless a specific exception applies. Posted in Sex Crimes, Sex Offenses |. This provision is known as the Romeo and Juliet law, and it is named after the Shakespeare play in which two young lovers are forced to run away because their families are opposed to their relationship. In ruling for the defendant, the Second District also explained it had to revisit a prior ruling, Clark v. State, that addressed a similar situation. What Is Florida's Romeo and Juliet Law? / Ages of consent in the United Most states reject this mistake of age defense and treat the defendant's mistake or ignorance about the minor's age as irrelevant to guilt under statutory rape laws, even where the minor has intentionally lied about their age. In the first scenario, an individual may be considered mentally defective, meaning they have a mental disorder or defect that keeps them from being able to lawfully consent. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. The parents of a minor can bring criminal or civil charges against an alleged perpetrator. All rights reserved. Here are the types of sex crimes in Florida that fall . However, it is important to remember that an 18 year old is a legal adult, and a 16 year old is still a minor.