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. The only defense that can sometimes be used in an age of consent case is Florida`s “Romeo and Juliet” law, which you can read here. Understanding the age of consent in Florida is important to avoid sexual accusations. Make sure you understand that different states have different laws regarding consent. 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. 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. 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.
This may include when a person has sex against the will of another person or without their consent using: 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, a person 18 years of age or older can consent to sexual intercourse with a person 18 years of age or older. A person 16 years of age or older may consent to have sexual intercourse with a person between the ages of 16 and 18. The age of consent in Florida is 18, although Florida has a “Romeo and Juliet” law. 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 some jurisdictions, anyone can file a complaint. If a person over the age of consent has sex with someone over the age of consent, the senior can still go to jail, even if the only person laying charges is the arresting officer. 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. If a person has been accused of violating the age of consent, they cannot use ignorance as a defence.
This means that even if the person did not know that the victim`s age makes them a minor, they can still be accused of legal rape. This applies even if the victim lied to the accused about his or her age. Even if a person under the age of consent says “yes” and initiates sex with someone over the age of consent, the law says it is still legal rape because that younger person has no legal right to consent. Participating in illegal sexual activity with minors is a second-degree crime in Florida. You can go to prison for up to 15 years. The same penalties apply if you share computer pornography with people under the age of consent or if you commit “obscene or lascivious” crimes in the presence of someone under the age of 16. Even celebrities have had criminal cases due to violations of the age of consent. Actor Kevin Spacey was accused in 2017 of making sexual advances and attempting to sexually assault fellow actor Anthony Rapp. Spacey was 26 at the time and Rapp was only 14. Spacey was formally charged with four sexual assaults against three different men in June 2022. 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. If you`re planning to have sex with someone, you`d better make sure they`re past the age of consent, because if they`re not, you`re in big trouble. Fort Walton Beach Police will coordinate with the Children`s Advocacy Center and their ultimate goal will be to send you to jail. Lawful rape is unlawful sexual intercourse with a person under the age of consent, regardless of whether the sexual act was consensual. The age of consent can vary by state, from 16 to 18. Even a 19-year-old person having sex with another person two years younger if that state`s age of consent is 18, they can face legal allegations of rape. 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.
Until the late 1890s, the age of consent in the United States was extremely low. The age in Florida was only 10 until then, when they brought the age of consent to what it is today – 18. Lawful rape occurs when a person over the age of consent has sexual relations with a person under the age of consent or a minor. The age of consent and parental capacity to consent to children are issues that have been decided differently in many jurisdictions. Rape is when someone forces another person to have sex against their will. Legal rape is when the government has passed laws stating that in certain situations, even if both people consent to sex, it is still against the law. Do you have more questions about the Romeo and Juliet Act 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. 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. 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. Contact us today to speak with Mike G about consent laws in Florida. In Florida, the crime of legal rape can carry a sentence of up to 15 years in prison. Legal rape is sexual conduct between a person aged 18 and over and children under the age of 16. It does not matter if the child has consented to sexual relations. I have a lot of experience defending sexual offences in Fort Walton Beach.
One of the most common questions I get asked is the age of consent. “So you might be old enough to marry and have legal sex, but not old enough to consent to unmarried sex,” Cocca said. It is important to know what the age of consent is in your state and what the consequences are if you violate it. Florida takes the age of consent very seriously, and charging a sex crime with a minor can result in costly fines, jail time, and in the most extreme cases, even the death penalty. The modern era of consent may still vary from state to state. However, a violation of the age of consent can have serious consequences. 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 Act) that allows minors aged 16 or 17 to have sexual relations with a person under the age of 23. The Statutory Rape Act is codified under Section 794.05 of the Florida Act, when a person 24 years of age or older engages in sexual activity with a person 16 or 17 years of age who commits a second-degree felony. It is important to note that the consent of the 16- or 17-year-old does not matter, it is not an element of crime as under the statue of sexual assault. The penalty for a second-degree felony is up to $10,000 and up to 15 years in prison. In the event that the sexual contact you have with a minor is non-consensual, the state may charge you with sexual assault.
This is a crime punishable by death. Ignoring Florida`s age of consent laws can result in severe penalties. What happens when two 16-year-olds legally married under English law visit Florida? Would they be allowed to have sex in this state? Later in the 1960s and 70s, advocates came together to create age of consent laws that were gender-neutral. “They wanted to make the laws gender-neutral so that anyone who has sex with a minor would be guilty of legal rape,” Cocca wrote. “They thought it would take away the idea that this is something men do to women.” “Age is just a number!” This is a phrase that has already been thrown, usually, when a person has sex with someone younger than them.
