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Statutory Rape Charges

Statutory rape is a widely known but often misunderstood crime. All sex crimes are taken seriously in the state of Florida, especially those pertaining to minors. If you’ve been accused of statutory rape, contact Hanlon Law today to start building your best possible defense.


What is Statutory Rape? 


Statutory rape is actually a colloquial term. Legally speaking, the crime is called lewd and lascivious battery. “Lewd and lascivious” is a subclassification of sex crimes that specifically involve children between the ages of 12 and 16 (minors). There are four main lewd and lascivious charges: 


  • Lewd and lascivious conduct (inappropriate contact of a sexual nature with a minor)
  • Lewd and lascivious molestation (inappropriate contact with a minor’s genitals, breasts, or buttocks, or the clothing over these areas)
  • Lewd and lascivious exhibition (sexual behavior in the presence of a minor, such as masturbation), 
  • Lewd and lascivious battery (sexual activity with a minor)


For lewd and lascivious battery, Florida Statute 800.04 describes the crime as “encouraging, forcing, or enticing” a minor between the ages of 12 and 16 to “engage in sexual activity, sadomasochistic abuse, sexual bestiality, and/or prostitution.” 


It’s important to note that “sexual activity” includes any kind of sexual act up to and including penetration, but penetration is not necessary for this charge to apply.   


What About Consent? 


Those charged with statutory rape often want to argue that the alleged victim consented to the acts, and so the situation cannot actually be rape. This would be true in sexual battery cases where both parties involved are over the age of 18. However, Florida law does not recognize a minor’s capability to give consent to any kind of sexual activity. Any sexual activity with a minor is considered lewd and lascivious battery, or statutory rape, regardless of whether the minor agreed to the interaction.


What Are the Consequences of Statutory Rape? 


Statutory rape is considered a second-degree felony for first-time offenders. As such, it’s punishable by up to 15 years in prison (or 15 years of probation, or a combination of the two) and a $10,000 fine. 


However, any previous convictions could lead to a more severe prison sentence and a higher fine. Specifically, any previous convictions of any lewd and lascivious crime (sexual offense involving a minor) can upgrade a lewd and lascivious battery charge to a first-degree felony. First-degree felonies are punishable by up to 30 years in prison and a $10,000 fine. 


In addition to imprisonment and fines, a statutory rape conviction may also come with mandatory sex offender registration. Being a registered sex offender means your name, crime, and identifying information are added to a publicly-accessible list of all convicted sex offenders. You will be required to maintain your information on this registry for the rest of your life, and being on the list can lead to difficulties with everything from securing housing to obtaining educational opportunities to being offered employment. There is also a significant social stigma that can cause issues in your personal life.


There is an exception to mandatory sex offender registration, called the Romeo and Juliet law. Young offenders under certain circumstances may be spared this requirement, usually in situations where two high-school students engaged in a sexual relationship, and one party was older than the other. 


Prohibited Defenses Against Statutory Rape


As mentioned, consent is not an accepted defense against lewd and lascivious charges. Another major prohibited defense is ignorance of age. Whether you didn’t ask the alleged victim’s age, you assumed they were older, they told you they were older, or someone else misrepresented their age to you, you cannot argue that you didn’t know they were a minor at the time of the alleged incident. Even if you genuinely believed them to be over the age of 18, and they told you they were over the age of 18, the law does not accept this kind of defense. 


Lakeland Criminal Defense Lawyers


Luckily, there are still a range of defenses to choose from. Alibis, physical evidence, unreliable testimony, and rights violations are all viable options, which is why it’s vital to consult with an experienced defense attorney. Will Hanlon with Hanlon law has been representing the accused for nearly two decades. Our legal team will work tirelessly on your behalf to help you secure the best possible outcome. Contact us today to schedule a free consultation.

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