Statutory Rape Defense Lawyer in West Palm Beach
The crime of statutory rape involves sexual activity with a minor, and in Florida, the penalties are severe. As there are few valid defenses against this type of criminal act, the accused immediately should retain a Florida statutory rape defense lawyer who can help guide him or her through the complex legal process that will follow.
Whether or not you are charged with statutory rape depends on your age and the age of the victim. Statutory rape is covered under Florida’s sexual battery laws which prohibit sexual activity between a person 24 or older and a minor who is 16 or 17. Sexual activity is defined as anal, oral or vaginal penetration by another person’s sexual organ. Even if the minor consents to sexual activity, this fact is irrelevant to the case in the state of Florida. Statutory rape charges do not apply if a person age 18 to 23 has consensual sex with someone who is 16 or 17.
What the prosecution has to prove
There are two criteria for proving that statutory rape occurred:
- the ages of the accused and the victim at the time of the offense
- the fact that sexual activity occurred between the two individuals
The prosecution’s job in such cases is not particularly difficult, and the accused cannot use ignorance of the victim’s age as a defense. The fact that the minor consented to sexual activity also is not a valid defense.
What you could face, if convicted
A statutory rape conviction is a second-degree felony. If you are convicted, you could spend up to 15 years in prison, and you might have to pay significant fines to the state and register as a sexual offender in Florida for the remainder of your life. Repeat offenders can expect a prison sentence of up to 30 years.
You should not attempt to fight a statutory rape charge without a skilled defense lawyer by your side. At Ohle Law P.A. we will thoroughly investigate your case and use every applicable defense strategy in our arsenal to help you fight the charges. For the best possible resolution to this tough charge, contact our experienced Florida statutory rape lawyers immediately.