Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

District Attorney - Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

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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 man aged 24 or older. A minor is defined as whatever under the age of 18.

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Florida Statute Title Xlvi Crimes lesson 794 Sexual Battery 794.05 - Unlawful sexual action with safe bet minors. This law makes it a felony for whatever 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 whatever 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 lesson 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the nearnessy 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 action with a man 12 years of age or older, but less than 16 years of age. Florida Statute Title Xlvi Crimes lesson 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a man 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 potential consequence deters many (but unfortunately not all) adults from becoming sexually complicated with minors. When the act on a minor has already been committed, security comes in the form of punishing the offender, commonly 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 reckon their underage children of being sexually active with older adults face a dilemma. If they article their suspicions to authorities, the article sets in motion a long and complicated legal process which commonly alienates them from their children.

If they don't article 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 reckon statutory rape?

If you're a parent and reckon your minor child is sexually complicated with an adult you have every right to decree how to handle the situation. Depending on your child's maturity level, you might decree to speak frankly about the potential consequences and then allow some time for them to seek a resolution themselves.

Or you may feel it critical to take legal action. If so, start conference evidence of the connection now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially whatever that is dated, before your child has a opportunity 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 man who does.

Reporting statutory rape in Florida

The general course 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 promulgation group commonly will whether dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or open an investigation right away.

An investigation entails conference the names of and interviewing everybody complicated along with witnesses and following up on leads and any new data learned as a ensue of the interviewing process. A communicate 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 thorough 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 measurement as to whether charges should be filed. If warranted, the exact charges are thought about 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 honestly wins in court

If all this sounds overwhelming, remember there is a best way. Retention the lines of communication open may help preclude statutory rape from developing in the first place. So do the right thing and talk openly, honestly and commonly with your child.

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