
Statutory Rape Attorney In Tampa, FL
Florida takes the protection of minors very seriously, so it considers statutory rape a crime worthy of placing those convicted on the sex offender list. If you’ve found yourself accused of statutory rape, you need to work with a Tampa statutory rape lawyer who understands the emotionally charged nature of these allegations. They know how to use statutory rape laws to improve your situation.
Trust Amarosa Law Firm, P.A.
The team at Amarosa Law Firm, P.A., is committed to protecting the rights of our clients and providing a vigorous defense against statutory rape charges. We know the impact that being convicted as a sex offender can have on a person’s life, so we can do everything possible to prevent the worst potential consequences. In some cases, that means taking your case to court and arguing your innocence. In others, it means accepting a plea bargain. No matter your situation, our firm can work tirelessly to help you.
Why Hire a Statutory Rape Lawyer?
In FY 2024, the United States Sentencing Commission found that statutory rape accounted for 2.8% of all federal sex abuse cases. The average sentence for those convicted of statutory rape was 42 months. The vast majority, 95%, of all alleged statutory rape victims in the United States are female, and more than 99% of the convicted offenders of alleged female statutory rape victims are male. That said, your gender does not matter when considering how seriously this crime is taken.
You might be an 18-year-old man accused of having consensual sexual relations with a teenager under the age of 16. Perhaps you’re a 25-year-old woman accused of having a relationship with a 17-year-old boy. In either case, you need to hire a statutory rape lawyer as soon as the Tampa Police Department or another law enforcement agency begins investigating you. A Tampa statutory rape attorney can prevent the worst potential outcomes of your case.
What’s Considered Statutory Rape in Florida?
Statutory rape refers to consensual sexual activity between a minor and someone over the age of 18. In Florida, the age of consent is 18. However, laws regarding statutory rape are somewhat more complicated than that.
It is illegal for someone over the age of 18 to have sex with someone under the age of 16. That part of Florida law is clear. However, it remains legal for an adult under the age of 24 to have sexual relations with a minor who is 16 or 17 years of age, a distinction that a Tampa Sex Crime Lawyer often explains when discussing Florida’s age-related consent laws.
Florida Statute 800.04(5)(d) also makes it illegal for a person under the age of 18 to intentionally touch, in a sexual manner, a minor who is older than 12 but younger than 16. This activity is a third-degree felony. If a person over the age of 18 engages in sexual contact with a person between 12 and 15, it’s considered a second-degree felony in Tampa, FL.
Florida’s Romeo and Juliet Law
Like many states, Florida has what’s known as a Romeo and Juliet law in place to address concerns about high school students getting labeled as sexual predators for participating in consensual relationships. The law, codified in Florida Statute 943.04354, allows certain offenders to file a petition to remove their requirement to register as a sex offender. To be eligible, certain conditions must be met:
- The alleged victim must be at least 14 years old.
- The convicted offender cannot be more than four years older than the alleged victim.
- The alleged victim must have consented to sexual contact.
While the Romeo and Juliet law does not make it legal for people close in age to engage in sexual contact under circumstances that would otherwise be considered statutory rape, it does remove one of the most serious consequences: obligatory participation in the sex offender registry.
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FAQs
In Florida, Donna’s Law refers to House Bill 199, a law that took effect on July 1, 2020. HB 199 eliminated the statute of limitations for sexual battery offenses against alleged victims under the age of 18. Now, these crimes can be prosecuted regardless of how much time has passed. The purpose of the law was to present more opportunities for justice to people who suffered childhood sexual abuse.
Statutory rape has a statute of limitations in Florida. However, there are some exceptions. Sexual battery offenses against minors committed on or after July 1, 2020, have no time limit for prosecution. The statute of limitations is also waived for civil cases of abuse against a child that took place on or after July 1, 2020.
A 17-year-old can legally be with a 22-year-old in Florida. The age of consent in Florida is 18, but Florida Statute 794.05 provides an exception for 16- and 17-year-olds having sexual relations with people under the age of 24. A 22-year-old and a 17-year-old would fall into this category. It’s also worth noting that Florida’s statutory rape laws apply exclusively to sex, not to relationships more broadly.
The age of consent in Tampa, Florida, is 18 years of age. If you are over the age of 18, you cannot legally have relations with a person under the age of 18, and vice versa. A relationship between a 19-year-old and a 15-year-old, for example, would be considered statutory rape and illegal in Florida. Consult an attorney for legal counsel on how the law applies to your specific situation.
Your Tampa Statutory Rape Lawyer
If you’ve been accused of committing statutory rape, you should take those charges seriously and seek a Tampa statutory rape lawyer immediately. The team at Amarosa Law Firm, P.A., can represent you. We’ve handled countless statutory rape cases, successfully fighting for our clients’ rights and helping them avoid the worst potential outcomes. Contact us to schedule a free consultation about your case today.