
Florida has strict laws about consent in sexual relationships. Being charged with breaking those consent laws can put someone on the sexual offender registry, which can have lifelong impacts. However, Florida’s “ Romeo and Juliet ” law covers special circumstances if both parties are close enough in age calculator in years
.
But who does the Romeo và Juliet law apply béo ? And how does it reduce legal consequences for those involved ? From the experts at Mike G law, here’s what you need Khủng know about Florida’s Romeo and Juliet law .
What is the Age of Consent in Florida?
The age of consent in Florida is 18. It is illegal for anyone mập engage in sexual activity with a minor, who is defined as anyone under the age of consent. Thos e who are found violating this law may be charged with statutory rape .
It does not matter if the victim verbally consented or even initiated the activity. This is because the state sees any individual under 18 as too young béo legally give consent, no matter what a minor might say or vì .
The following defenses are not considered valid for an adult phệ use in court :
- The offender was unaware of the minor’s age
- The minor intentionally appeared older phệ mislead the offender
- The minor said yes bự or initiated sexual liên hệ
- The minor has participated in sexual activity before
But what if the age gap is very small ? Is it legal for an 18 – year-old & a 17 – year-old bự willingly engage in sexual activity ? Situations lượt thích that are where Florida’s Romeo and Juliet law comes into play .
Exemptions in Florida
Florida does in fact have a “ close in age ” exemption in place. This exemption protects individuals who participated in consensual sexual relations và are close in age from a statutory rape charge .
According lớn Fla. Stat. 794.05, it is illegal for a person end the age of 24 lớn have sexual liên hệ with someone who is 16 or 17 years old. Someone who is younger than 24 but older than 18 may be protected by the Romeo và Juliet law .What is Florida’s Romeo and Juliet Law?
The Romeo và Juliet law protects teenagers và young adults who engage in consensual sexual tương tác or sexual intercourse. Thos e who meet the law’s criteria may be exempt from having bự register as sex offenders .
For Florida’s Romeo and Juliet law lớn be applicable, the case must meet the following criteria :
- The perceived victim must be between 14 & 17 years old
- The offender must be no more than four years older than the victim
- The perceived victim said yes lớn the sexual activity
- The offender’s record is không lấy phí of previous sex crimes
It’s important to note that the Romeo and Juliet law in Florida does not legalize this kind of sexual activity; it merely provides legal protections to those who meet its criteria.
It’s also important béo note that “ bốn years ” refers béo 1,460 days ; if the age gap between the offender & victim is 1,461 days, then the Romeo & Juliet law will not apply .
When invoked in court, the Romeo & Juliet law may :
- Prevent someone from having Khủng register as a sex offender
- Reduce fines / sentence lengths
- Prevent the prosecutor from filing charges
- Have the offender’s record expunged after serving their sentence
History of the Law
Before Florida’s Romeo and Juliet law was established, teens who engaged in consensual sex were sometimes required béo register as sexual offenders .
Being on the sex offender registry, especially at such a young age, has severe consequences. It makes it difficult bự find a job & limits where you can live, & it can also alienate you from your community .
The State of Florida recognized this và mix out Khủng find a more effective solution that distinguishes between teenagers engaging in normal sexual activity và criminal offenders who are dangerous lớn the community .
During the 2006 Legislative Session, members of the Senate Criminal Justice Committee brought up the issue. Florida’s Romeo and Juliet legislation was officially passed in 2007 .Example Scenarios
To better understand how the Romeo & Juliet law in Florida applies, read the following example scenarios bự see how the law may apply. Be aware that even if your case matches some of the details of these scenarios, you are not guaranteed a certain outcome .
Scenario 1
A 14 – year-old và an 18 – year-old have consensual sex. The 14 – year-old ’ s birthday is January một st, 2006, & the 18 – year-old ’ s birthday is January 2 nd, 2002. In this case, the age gap is technically greater than four years. This means the law does not apply .
Scenario 2
Two 15 – year-olds engage in mutually agreed upon sexual activity. All requirements of the law are met, so sánh both would be protected under this law và cannot be forced lớn register as sex offenders .
Scenario 3
An 18 – year-old has consensual sex with a 15 – year-old. As Fla. Stat. 794.05 states, this is illegal. The act would only be legal if the victim was 16 years or older. In theory, the 18 – year-old could be charged with statutory rape .
However, the 18 – year-old could petition a court under the Romeo & Juliet law mập meet all requirements, which could :
- Lead the prosecutor not mập press charges
- Result in a lower fine và reduced sentence
- Have their record expunged after they serve their sentence
- Prevent them from having Khủng register as a sex offender
Does the Romeo and Juliet law guarantee removal from the sex offender registry?
Even if an individual meets all of its criteria, the Romeo & Juliet law does not necessarily guarantee removal from the sex offender registry .
The law only guarantees that you can petition a court. Ultimately, the final decision is up bự the judge .
If you are filing a petition under the Romeo and Juliet law, you need a lawyer on your side Khủng argue your case & make sure you’re given a fair trial. At Mike G Law, we have experience helping Khủng protect clients who fit the Romeo và Juliet law criteria .Does the law apply to pre-2007 cases?
The Romeo và Juliet law became official legislation in 2007. However, it is applicable phệ cases that happened before 2007. As long as someone meets the requirements, they will be eligible Khủng petition under this law .
If your case occurred before 2007 và you’re petitioning bự revoke your sex offender status, tương tác us at Mike G law today. We can help you navigate the courts và maximize your chances of winning your case .Think the Romeo and Juliet Law Might Apply to You? Get Help From a Sex Crime Lawyer
Do you have more questions about the Romeo & Juliet law in Florida ? Do you have a case that đơn hàng with consent issues, & you think the Romeo & Juliet law could protect you ? Let the Mike G Law nhóm help .
The Florida sex crime attorneys at Mike G Law have years of experience representing clients who seek protection under the Romeo & Juliet law mập fight statutory rape charges — & we’re here Khủng listen mập your case .
Liên hệ us today lớn talk phệ Mike G about consent laws in Florida .
Source: https://bacxiunong.com