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Criminal Defense Lawyer in Orlando, FL

Statutory Rape Lawyer in Orlando, FL

Statutory rape is a serious crime that involves sexual activity with a minor who is below the legal age of consent. In the state of Florida, the age of consent is 18, meaning that any sexual activity with a minor under the age of 18 is considered statutory rape. This crime is punishable by severe penalties, including imprisonment, expensive fines, and a lifetime of sex offender registration. The severity of the crime's penalties makes it essential to contact a statutory rape charge defense lawyer as soon as possible upon arrest or investigation. The attorneys at Hanlon Law have a strong background in combating statutory rape charges in Orlando, Florida. Facing the potential loss of your freedom can be extremely frightening, so you need a committed lawyer to mount the possible defense. 


Florida Definition of Statutory Rape 


Florida Statute 794.05 defines statutory rape as any sexual activity with a person who is under the age of consent. In Florida, the age of consent is 18 years old, which means that any sexual activity with a person under 18 years old, which means that any sexual activity, including oral sex and anal sex. Florida law recognizes that minors are unable to give their consent to sexual activity, even if they appear to consent or initiate the activity themselves. Therefore, anyone who engages in sexual activity with a minor under the age of 18, regardless of whether the minor consented to the activity, is committing statutory rape.


Penalties for Statutory Rape in Florida 


The consequences for statutory rape in Florida can be severe, depending on the circumstances of the crime. Statutory rape is a second-degree felony, which means that the offender can face up to 15 years in prison and up to $10,000 in fines. However, the penalties can be more severe if the offender has prior criminal convictions, if the victim is under the age of 12, or if the offender used physical force or coercion to commit the crime. In addition to imprisonment and fines, anyone convicted of statutory rape in Florida is required to register as a sex offender for the rest of their life. This can have significant long-term consequences, including difficulty finding employment, housing, and maintaining personal relationships. 


Legal Defenses for Statutory Rape Charges 


There are several legal defenses available to those accused of statutory rape in Florida. One defense is mistake age, which means that the offender reasonably believed that the victim was over the age of consent. However, this defense can only be used if the offender took reasonable steps to determine the victim’s age, such as checking their identification or asking their age.

Another defense is that the sexual activity was consensual. However, as mentioned earlier, minors under the age of 18 are not legally able to give their consent to sexual activity, even if they appear to consent or initiate the activity themselves. Therefore, this defense is not often successful in statutory rape cases. 


A third defense is that the sexual activity did not occur. This defense may be used if the prosecution has insufficient evidence to prove that sexual activity took place or if the alleged victim is not credible. It is important to note that each case is unique, and the specific facts of the case will determine which legal defenses are available and how effective they may be in court. 


Hire an Experienced Statutory Rape Defense Lawyer in the Orlando Area


Statutory rape is a severe crime in Florida that can have significant long-term consequences for those convicted. Anyone accused of statutory rape should seek the assistance of an experienced criminal defense attorney who can help them understand their legal rights and options. An attorney can also help develop a strong defense strategy that may help to reduce the charges or have them dismissed altogether. The attorneys at Hanlon Law work hard to defend the future of those accused of rape in Orlando, Florida. We use our knowledge and insight of the Orlando area courts and prosecutors to combat the severe penalties coming with a statutory rape conviction. 


Contact Hanlon Law to schedule a consultation to discuss your charges and hire an Orlando criminal defense attorney.

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