Age of Consent in Florida

Under Florida’s age of consent law, a person who is 18 years of age or older can consent to sex with a person who is also 18 years of age or older. So, the age of consent in Florida is 18, with certain limited exceptions. A person who is 16 or 17 years old may consent to sex with another person who is up to 23 years old only.

A person who is 16 or 17 may not consent to sex with anyone who is over the age of 23. And no one who is under the age of 16 can consent to sex with another person regardless of the other person’s age.

The victim of sexual battery in Florida could be under the age of 12, and the perpetrator could be 18 or older. If so, the crime is a capital felony, punishable by the death penalty or life in prison without parole.

In addition, under Florida’s sexual battery law, a person who perpetrates a lewd or lascivious battery on an elderly person commits a second-degree felony if the person knows, or reasonably should know, that the elderly person does not have the capacity to consent.

There is, however, the so-called “Romeo and Juliet” law. In Florida, the law provides a limited exemption for consensual sex between minors from 13 to 17 years old and another person who is not more than 4 years older than the victim. However, the exemption only applies to the requirement that the perpetrator, the older participant, register as a sex offender. The perpetrator may still be convicted and punished.

1. What Is Rape?
2. What Are Some Different Categories of Rape?
3. What Happens After Someone Is Accused of Rape?
4. What Are the Possible Consequences of Being Charged with Rape?
5. What Is the Punishment for a Rape Conviction?
6. What Is Statutory Rape?
7. How Does Rape Differ from Statutory Rape?
8. Can Anyone Press Charges?
9. What if the Younger Person Lies About Their Age?
10. What Is the Punishment for Statutory Rape?
11. Do I Need the Help of an Attorney with My Rape Charge?

What Is Rape?

In Florida, state law currently includes rape within the definition of the offense that is referred to as “sexual battery.” That crime is defined as oral, vaginal, or anal penetration of a victim with a sexual organ or another object.

These may include a person engaging in sexual intercourse with another person against the person’s will or without that person’s consent by using:

What Are Some Different Categories of Rape?

Rape can be categorized depending on several factors, including the age and relationship of the perpetrator to the victim, as follows:

In a statutory rape, a perpetrator has unlawful sexual intercourse with a person who is under the age of consent, regardless of whether or not the act was consensual. The age of consent may vary by state. In Florida, as noted above, the age of consent is 18, with certain limited exceptions as noted above.

Date rape occurs when the perpetrator and the victim commit unlawful sexual intercourse during a date. Date rape may also happen when a victim has been drugged, and the perpetrator commits sexual battery on them while they are under the influence of an intoxicant.

Marital rape is rape that occurs in a marriage. This type of rape happens when a spouse forces a sexual act on the other spouse without consent. Marital rape has not always been recognized as an offense. However, it is now considered a serious crime. The perpetrator of a rape may not use marriage as a defense in a rape case.

It is important to remember that rape is a criminal act that may arise in many different scenarios if the criteria are met, not only in the situations discussed above. In addition, some states divide rape into degrees based on the seriousness of the offense.

What Happens After Someone Is Accused of Rape?

After a person reports to law enforcement that they have been raped, law enforcement investigates the matter. If the police collect enough evidence to give them probable cause to believe that the alleged perpetrator has committed rape, the perpetrator is arrested and charged with rape.

Depending on the circumstances of the offense and the perpetrator, bail may or may not be set. If the parties to the case do not reach a plea agreement, the case proceeds to trial.

The prosecution carries the burden of proof beyond a reasonable doubt and must establish the following elements to convict a perpetrator who is charged with rape:

• The perpetrator engaged in sexual acts or intercourse with the victim. It is important to note that full penetration of sexual intercourse is not required for rape to have occurred;
• The sexual intercourse or sexual act was against the victim’s will or without their consent; and
• The perpetrator engaged in sexual intercourse or the sexual act through an act of force, violence, duress, menace, fear, or fraud.

If the prosecution establishes these elements beyond a reasonable doubt and the perpetrator is convicted, the perpetrator faces significant punishment.

If the victim of a rape is under the age of 12, the prosecutor does not have to show the victim’s lack of consent. If the rape victim is over the age of 12, the prosecutor must show that the victim did not consent voluntarily. For example, a victim’s consent may have been obtained through some sort of fraud on the victim. The prosecutor must show a lack of consent but does not need to show that the victim actively resisted or protested.

What Are the Possible Consequences of Being Charged with Rape?

A person may face a number of consequences if they are charged with rape. They may be convicted of a felony criminal offense. If convicted, the person would be required to register as a sex offender. This comes with many requirements and restrictions the person must deal with for many years and possibly their entire lives.

This is true in Florida. A person convicted of a sex crime may have to register as a sex offender. In addition, a felony conviction makes it difficult to find a job, a place to live, and a license or certification to qualify for a profession.

What Is the Punishment for a Rape Conviction?

As noted above, if a rape victim is under the age of 12 and the perpetrator is over the age of 18, the crime is a capital felony punishable by imposition of the death penalty or life in prison without parole.

If the perpetrator was under the age of 18, the crime would be a life felony, punishable by imprisonment for at least 30 years, i.e., life in prison.

• The minimum charge for sexual battery committed on a victim over the age of 12 is a second-degree felony, punishable by imprisonment for a maximum of 15 years;
• The prosecutor may establish one of the circumstances specified in Florida law. In that case, the state can increase the charge to a first-degree felony, aggravated sexual battery, which can result in a term of imprisonment for a maximum of 30 years. These circumstances include the following:
  • The perpetrator made threats of force or violence to the victim;
  • The victim suffered from some kind of physical incapacity and could not resist;
  • The victim had a mental incapacity that was known to the perpetrator;
  • The victim was threatened by retaliation against them or another person;
  • The perpetrator is a law enforcement officer, government agent, or other person in a position of control or authority over the victim;

  As noted above, if a perpetrator is convicted of statutory rape but meets certain eligibility criteria, they may not be required to register as a sex offender. However, it does not prevent the perpetrator from having to pay a fine, serve time in prison, or both.

  For the crime called “unlawful sexual activity with certain minors,” which involves certain sex acts between a minor who is 16 or 17 and an adult who is at least 24 years old, a person may be charged with a second-degree felony. The punishment is up to 15 years in prison, a fine of up to $10,000, or both.

  For the crime of “lewd and lascivious molestation,” which involves sexual touching (even over clothing) between a perpetrator and a minor under age 16, if the victim is younger than 12 and the perpetrator 18 or older, the punishment is 25 years to life in prison.

  The crime is a second-degree felony if the victim is 12 to 15 and the perpetrator 18 or older, or the victim is under 12 and the perpetrator 17 or younger. In these cases, a conviction may lead to a maximum of 15 years in prison, a fine of up to $10,000, or both.

  The victim may be between 12 and 15 years old, and the perpetrator may be under 18. If so, the offense is a third-degree felony, which may lead to a maximum of 5 years in prison, a fine up to $5,000, or both.

  The crime of lewd and lascivious battery includes sexual penetration between an adult and a minor who is 13, 14, or 15 years old. The offense is a second-degree felony and is punished by a maximum of 15 years in prison, a fine of as much as $10,000, or both.

  The crime of lewd and lascivious conduct involves sexual touching between an adult and a minor younger than 16 years old. For perpetrators who are 18 and older, the offense is a second-degree felony. The punishment is a maximum of 15 years in prison, a fine of up to $10,000, or both. If the perpetrator is under 18, the crime is a third-degree felony. The potential punishment is a maximum of 5 years in prison, a maximum fine of $5,000, or both.

  The offense of contributing to the delinquency of a minor may be charged when the perpetrator is 21 years old or older and makes a minor under 16 years of age pregnant as a result of statutory rape. The punishment is a maximum of 5 years in prison, a fine of up to $5,000, or both.

  What Is Statutory Rape?

  In Florida, statutory rape occurs when someone over the age of 18 has sex with a person below the age of consent, i.e., 18. Again, in Florida, a person who is 16 or 17 can consent to having sex with a person who is up to 23 years old.

  Even if a person under the age of consent initiates sex with someone over the age of consent, the law says it is still statutory rape because that younger person does not have the legal capacity to consent.

  How Does Rape Differ from Statutory Rape?

  Rape, or sexual battery in Florida, involves one person subjecting another to certain sex acts against their will. Again, statutory rape involves one person engaging in consensual sexual activity with another person who is not old enough to give consent, so it is, for that reason, against the law.

  Can Anyone Press Charges?

  In some jurisdictions, anyone can press charges. If someone over the age of consent has sex with a person who is under the age of consent, the older person can still go to jail, even if the only person pressing the charge is the arresting officer.

  What if the Younger Person Lies About Their Age?

  Even if a younger person lies about their age, an older person may still be charged because it is the older person’s responsibility to determine the actual age of the younger person to ensure that their actions are legal.

  What Is the Punishment for Statutory Rape?

  In Florida, the crime of statutory rape can carry a penalty of up to 15 years in prison. Statutory rape is sexual conduct between a person 18 years or older and children under 16 years of age. It does not matter if the child consented to the sex.

  Do I Need the Help of an Attorney with My Rape Charge?

  If you have been charged with sexual abuse, you want to consult a Florida criminal defense lawyer. LegalMatch.com can connect you to a lawyer who can help you if you are charged with sexual abuse or if you want to press charges against a person. A lawyer can represent you in court and help you strategize your legal approach.

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  Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page. Read More

  Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page.