All U.S. states set a legal age of consent for sexual relations. Regardless of the presence or absence of consent, any sexual intercourse with a person under this age is considered rape, with specific exceptions. But to whom does the law of Romeo and Juliet apply? And how does it reduce the legal consequences for those involved? From the experts at Mike G Law, here`s what you need to know about Romeo and Juliet Law in Florida. In Florida, the age of consent is 18. It is illegal for anyone to engage in sexual acts with a minor defined as anyone under the age of consent. Those who violate this law can be charged with rape. Until 2007, the state of Florida considered all sexual relations between a minor and a legal adult (over 18 years of age) as legal rape, even if the relationship was consensual. This required the adult concerned to register as a sex offender, which led to lifelong complications in finding housing, employment, or obtaining parental rights, among other things. If you`ve been arrested for a sex crime and are wondering if Florida`s Romeo and Juliet Act could help you avoid registering as a sex offender, you need a strong lawyer. Erika Valcarcel, Criminal Defense Counsel, P.A., can answer all your questions about the charges and start developing a solid defense strategy.
Both counts clearly indicate that there are two ages of consent. If you are under 24, you can legally have consensual sex with a 16- or 17-year-old. If you are 24 years of age or older, you must not legally have sexual relations with anyone under the age of 18, whether consensual or not. The age of consent is the minimum age at which a person can legally consent to sexual intercourse or activity. Florida has one of the highest approval ratings in the country. Depending on the age of consent, the age of consent in Florida is 18. In Florida, the age of consent for sexual relations is 18. The State considers that any person under the age of 18 is incapable of consenting to sexual activity. It is important to note that the Romeo and Juliet Act does not allow an 18-year-old to have sex with a 15-year-old, but is only a provision that prevents the 18-year-old from registering as a sex offender. An 18-year-old has consensual sex with a 15-year-old. As Fla.
Stat. 794.05 states, this is illegal. The act would only be legal if the victim was 16 years of age or older. Theoretically, the 18-year-old could be charged with rape. Legal rape remains a serious crime that requires a defense attorney experienced in criminal law. The law does not legalize sexual relations with minors; It only prevents the accused from having to register as a sex offender. If convicted, a person can still face fines and jail time, so it`s important to seek help with your charges to avoid a maximum sentence. As mentioned above, it is generally illegal in Florida to have sex with anyone under the age of 18. However, this gets complicated because sex is not the only prohibited act. It is illegal to engage in other types of sexual behavior on or in the presence of anyone under the age of 16.
Even some computer transmissions are illegal. In Florida, it is illegal for a person 18 and older to have sex with someone under the age of 18, even if the sex is consensual. The reason for this is that, in the eyes of the law, minors cannot give informed consent to sexual relations. Those who break this law have committed the crime of legal rape. However, Florida has a so-called “Romeo and Juliet” law that removes the requirement to register as a sex offender or sexual predator in certain situations. It is important to note that the Romeo and Juliet Act in Florida does not legalize this type of sexual activity; It offers legal protection only to those who meet its criteria. The age of consent is the age a person must be before they can legally consent to sexual relations. In other words, if someone has not reached the age of consent, it does not matter whether they voluntarily engage in sexual behaviour. The law is designed to prevent young people from being exploited before they are old enough to make the decision themselves. It does not matter whether the victim verbally consented to the activity or even initiated it. Indeed, the State considers anyone under the age of 18 to be too young to legally give consent, regardless of what a minor might say or do.
According to Fla. Stat. 794.05, it is illegal for a person over the age of 24 to have sexual contact with someone who is 16 or 17 years of age. A person under the age of 24 but over the age of 18 may be protected by the Romeo and Juliet Act. What happens when two 16-year-olds legally married under English law visit Florida? Would they be allowed to have sex in this state? But what if the age difference is very small? Is it legal for an 18-year-old and a 17-year-old to engage in voluntary sexual activity? It is in such situations that the law of Romeo and Juliet of Florida comes into play. To be protected by the Romeo and Juliet Act in Florida, the following criteria must be met: For the Romeo and Juliet Act to be applicable in Florida, the case must meet the following criteria: The 18-year-old woman becomes pregnant and DNA evidence proves that her 17-year-old boyfriend is the father. The police then arrested the woman, charged her with rape and finally demanded that she publicly register as a sex offender. The Romeo and Juliet Act in Florida does not exonerate anyone accused of rape. An offender can always go to jail.
All the Romeo and Juliet Act does is allow the author to appeal to the court to exempt him from the requirement to register as a sex offender. The court may, at its discretion, grant or dismiss the application. Factors a judge might consider include: Two 15-year-olds engage in mutually agreed sexual activity. All the requirements of the law are met, so both would be protected by this law and could not be forced to register as sex offenders. One of the reasons the age of consent in Florida is so confusing is that there are actually two different ages of consent, depending on the charge and the age of the suspect. Do you have more questions about Romeo and Juliet in Florida? Do you have a case that deals with consent issues and you think the Romeo and Juliet Act could protect you? Let the Mike G Law team help you. So the age of consent seems to be 16, right? This is where the law becomes confusing. Obscene or lascivious laws all seem to indicate that the age of consent is 16. And that`s it, for L&L crimes. In other words, the assertion that the defendant did not know that the victim was a minor is not a defence. There are many sexual offences other than legal rape that trigger registration as a sex offender.
If Florida convicts you for a crime that requires sex offender registration, you must: Again, it`s September 2022 and assuming Sam was born on January 2, 2004 and Sarah was born on May 31, 2007. Sam and Sarah have sex, and Sam is convicted of rape, even though Sarah consented to sexual contact. Here, the Romeo and Juliet exception would apply. Even if a person meets all of his or her criteria, the Romeo and Juliet Act does not necessarily guarantee removal from the sex offender registry. In Florida, the age of consent is 18, sexual intercourse with someone under the age of 18 is considered legal rape. There is an age-related exception (Romeo and Juliet) that allows minors as young as 16 or 17 to have sexual relations with a person under the age of 23. To better understand how the law of Romeo and Juliet is applied in Florida, read the following sample scenarios to see how the law can be enforced. Note that even if your case fits some details of these scenarios, you will not be assured of a specific outcome. Florida is tough on sex crimes, and your defenses need to be strong. The statement that you do not know the age of the victim will not be used in court to justify your actions if you have had sexual relations with a minor. For minors between the ages of 16 and 17, Florida allows an important exemption from law enforcement: a 16- or 17-year-old (male or female) can agree to have sex with someone between the ages of 16 and 23.
As I said earlier, the police and sex crimes prosecutors are already building their case against you. If they have you in their sights, they will be relentless in pursuing you. You need an effective defense lawyer by your side.