Florida Statutory Rape Laws
Statutes governing Florida's age of consent, associated criminal charges, available defenses, and penalties for conviction.
In Florida, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual. Those who break the law have committed statutory rape.
Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term “statutory” rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.
For more information on statutory rape and the history of this crime, see Statutory Rape.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve an assault is illegal in Florida (see Florida Sexual Battery Laws). Assaults of a sexual nature may also be charged under the state’s assault and battery or child molestation or enticement laws (to learn more, see Aggravated Assault Laws in Florida and Child Enticement in Florida). And for information about rape between spouses, see Florida Marital Rape Laws.
Statutory Rape and Penalties
Statutory rape is prosecuted under Florida’s sexual battery and lewd and lascivious conduct laws. Penalties depend on the ages of the defendant and victim. The offense is broken into categories, and penalties vary depending on the circumstances of the crime, as described below.
Unlawful sexual activity with certain minors includes sexual penetration (with an object or body part) between a minor who is 16 or 17 and an adult who is at least 24 years old. Penalties include a fine of up to $10,000, up to 15 years in prison, or both.
Lewd and lascivious molestation includes sexual touching (even over clothing) between a defendant and a minor. This offense is a first degree felony if the victim was younger than 12 and the defendant was 18 or older. Penalties include at least 25 years (and up to life) in prison.
If the victim was 13, 14, or 15 and the defendant was 18 or older; or the victim was younger than 12 and the defendant was 17 or younger, penalties include at least four years and three months (and up to 15 years) in prison.
If the victim was younger than 16 and the defendant was 17 or younger, penalties include at least three (and up to 15) years in prison.
Lewd and lascivious battery includes sexual penetration between an adult and a minor who is 13, 14, or 15 years old. Penalties include at least 7 years and six months (and up to 15 years) in prison.
Lewd and lascivious conduct includes sexual touching between an adult and a minor younger than 16 years old (or an adult soliciting a minor younger than 16 to engage in sexual touching). For defendants 18 and older, penalties include two years and six months (and up to 15 years) in prison. However, the minimum punishment may include probation without jail time if the defendant is convicted of solicitation but no actual sexual contact.
When the defendant was younger than 18 years old at the time of the crime, penalties include two years and six months (and up to five years) in prison. And again, the minimum punishment may include probation without jail time if the defendant is convicted of solicitation but no actual sexual contact.
Contributing to the delinquency of a minor may be charged when a defendant impregnates a minor as a result of a statutory rape. Penalties include at least two (and up to six) years in prison.
(Fla. Stat. Ann. §794.05, 800.04, & 827.04.)
Sex Offender Registration
State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including statutory rape) must register as sex offenders. You may be exempted from this requirement if you fall into the “Romeo and Juliet” exception, described below.
Defenses to a Statutory Rape Charge
Unlike normal rape charges, consent is not a defense to statutory rape. Statutory rape laws make minors legally incapable of giving consent to sexual activities. Therefore even if the minor “consented,” the sexual activity was nonetheless illegal and the defendant may be convicted of rape.
"Romeo and Juliet" exceptions
Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age. In Florida, there is a limited Romeo and Juliet exemption for consensual sex when the minor was 14-17 years old and the defendant was no more than four years older than the victim. If the defendant meets certain eligibility requirements, the exception removes the requirement that the defendant register as a sex offender. However, it does prevent him from being fined, imprisoned, or both.
Reasonable mistake of age
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But in Florida, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.
See a Lawyer
If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time), and will know how prosecutors and judges typically handle cases like yours.
Help for Sexual Assault and Rape Survivors
If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.