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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.
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.
However, it does prevent him from being fined, imprisoned, or both.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
And for information about rape between spouses, see Florida Marital Rape Laws.
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).
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.
Statutory rape is prosecuted under Florida’s sexual battery and lewd and lascivious conduct laws.