Statutory Rape


The crime of Rape (or “first-degree sexual assault” in Florida) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim’s inability to say “no” to intercourse, due to the effects of drugs or alcohol. Date Rape can occur when the offender and victim have a pre-existing relationship, or even when the offender is the victim’s spouse.

Under a variation of Rape, known as Statutory Rape, the state of Florida makes it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent, 18 years of age.

Unlawful Sexual Activity with a Minor; Statutory Rape
(Florida Statute 794.05)

Unlawful Sexual Activity with a Minor (Statutory rape) makes it illegal for a person 24 or older to have sexual intercourse with a 16 or 17 year old, even if both parties consent to the sexual conduct. Importantly, ignorance of the victim’s age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.

However, it is legal for a person who is between the age of twenty-three and sixteen (23 – 16) to have sex with a person who is sixteen (16) or seventeen (17) years old.

A person convicted of Unlawful Sexual Activity (Statutory Rape) would be facing a maximum sentence of fifteen (15) years in prison and a minimum sentence sentence of approximately seven (5) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

If you or someone you know are suspected or being accused of committing a Sex Crime, you need an Experienced Criminal Defense Team to fight for you!

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