Sexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as someone aged 24 or older. A minor is defined as anyone under the age of 18.
Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - Unlawful sexual activity with certain minors. This law makes it a felony for anyone 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of age cannot be raised as a defense for this crime.
QUESTION: Does this mean that anyone between the age of 18 and 24 can have sex with minors under the age of 18?
ANSWER: No, it does not.
Florida Statute Title XLVI Crimes Chapter 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual activity with a person 12 years of age or older, but less than 16 years of age.
Florida Statute Title XLVI Crimes Chapter 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree.
Statutory rape laws are meant to protect young people.
Knowing that jail time is a possible consequence deters many (but unfortunately not all) adults from becoming sexually involved with minors. When the act on a minor has already been committed, protection comes in the form of punishing the offender, usually with a felony offense.
Problem is, most minors that have sexual relations with adults rarely feel victimized and therefore don't feel the need for protection. As a result, parents who suspect their underage children of being sexually active with older adults face a dilemma. If they report their suspicions to authorities, the report sets in motion a long and complex legal process which usually alienates them from their children.
If they don't report their suspicions, they may feel they've failed in one of their primary responsibilities as a parent: Protecting their child from potential danger.
Do you suspect statutory rape?
If you're a parent and suspect your minor child is sexually involved with an adult you have every right to decide how to handle the situation. Depending on your child's maturity level, you might decide to speak frankly about the possible consequences and then allow some time for them to seek a resolution themselves.
Or you may feel it necessary to take legal action. If so, start gathering evidence of the relationship now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially anything that is dated, before your child has a chance to destroy evidence. If you think there's evidence on a computer, be sure to make a backup copy of the hard drive, too. If you don't know how to do that, find someone who does.
Reporting statutory rape in Florida
The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:
Start by reporting the suspected statutory rape violation to the Sheriff's office or local police department. Based on the evidence provided, the law enforcement agency usually will either dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or initiate an investigation right away.
An investigation entails gathering the names of and interviewing everyone involved including witnesses and following up on leads and any new information learned as a result of the interviewing process. A review of all evidence is also undertaken.
If this investigation is inconclusive, the case likely will be dropped at this stage. However, if the investigation determines that a violation of Florida statutory rape laws has taken place, the case is forwarded to the appropriate district office of the State Attorney for prosecution.
Once under the jurisdiction of the State Attorney's Office, district attorneys take sworn testimony from all witnesses. From there they will make a determination as to whether charges should be filed. If warranted, the specific charges are determined next. The district attorney's office then files a case with the Clerk of Courts, an action that signifies the start of the prosecution phase.
No one really wins in court
If all this sounds overwhelming, remember there is a better way. Keeping the lines of communication open may help prevent statutory rape from developing in the first place. So do the right thing and talk openly, honestly and regularly with your child.
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