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  1. #1

    Default 15 Year Old Girl, 18 Year Old Guy

    My question involves criminal law for the state of: Florida.

    My school aqquantences, the girl, 15, the guy 18, have been comtemplating having sex, with her consent. Would he still get charged with statutory rape?

    They have already done oral sex. Say someone was to turn them in. Would the law go out of their way to prove it to be true? What charges will he get? What punishment?

    Are there laws in Florida about the two dating? Can he get in trouble for texting her, or even hanging out with her? Would it be too far for just a kiss with no touching?

    And lastly, say the couple breaks up, becuase I don't know, he cheats on her. She becomes mad, and decides to turn him in. She is the only proof, and he denys it. Will the court try to prove him guilty, what will be done?

  2. #2
    Join Date
    Apr 2007
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    Southeastern Michigan
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    1,226

    Default Re: 15 Year Old Girl, 18 Year Old Guy

    Quote Quoting anrlovexo3208
    View Post
    My question involves criminal law for the state of: Florida.

    My school aqquantences, the girl, 15, the guy 18, have been comtemplating having sex, with her consent. Would he still get charged with statutory rape?

    They have already done oral sex. Say someone was to turn them in. Would the law go out of their way to prove it to be true? What charges will he get? What punishment?

    Are there laws in Florida about the two dating? Can he get in trouble for texting her, or even hanging out with her? Would it be too far for just a kiss with no touching?

    And lastly, say the couple breaks up, becuase I don't know, he cheats on her. She becomes mad, and decides to turn him in. She is the only proof, and he denys it. Will the court try to prove him guilty, what will be done?
    Bottom line in ANY state is this: 15 (minor) + 18 (adult) =

    Criminal Sexual Misconduct
    Statuatory Rape
    Lewd and Lucivious (sp) Behavior with a minor
    ....... the list goes on

    No matter how you slice it, if someone raises the issue, he's toast. Oh and trust me, if she says anything to the authorities, they'll be all over him like a monkey on a cupcake.

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: 15 Year Old Girl, 18 Year Old Guy

    800.04

    (1) DEFINITIONS.--As used in this section:

    (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

    (2) PROHIBITED DEFENSES.--Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.

    (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.

    (4) LEWD OR LASCIVIOUS BATTERY.--A person who:

    (a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

    (b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

    commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (5) LEWD OR LASCIVIOUS MOLESTATION.--

    (a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

    (b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

    (c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

    2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (6) LEWD OR LASCIVIOUS CONDUCT.--

    (a) A person who:

    1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner
    ; or

    2. Solicits a person under 16 years of age to commit a lewd or lascivious act

    commits lewd or lascivious conduct.

    (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

  4. #4

    Default Re: 15 Year Old Girl, 18 Year Old Guy

    My school aqquantences, the girl, 15, the guy 18, have been comtemplating having sex, with her consent.
    By legal definition, a 15 year old is UNABLE to give consent. So even if she's begging and pleading for it, it is NOT consentual as far as the law is concerned.

    We don't mess around with this stuff in Florida. The bottom line is, if the minor is under the age of 16, and a person 18 or older engages in ANY level (and I mean a VERY broad view) of sexual activity, even kissing, texting, etc. - be prepared for the state to throw the book at you - at the felony level if at all possible, and for as many counts as they can come up with. Remember, we're a state with a governor who just left the position of attorney general, and who, while in THAT office, spearheaded the most massive push towards protection of child victims (including massive pressure for criminal prosecutions) the state has ever seen. That trend didn't change when he left office.

    Yes, Florida DOES have a "Romeo clause"....BUT that doesn't kick in until age 16. Under 16 is off limits to ANYONE, ANYTIME, under ANY circumstances. Period. And when I say period, you need to envision the sound of a cell door closing, because that's what the state will pursue. Even one of the BEST case scenarios is getting a plea for "lewd and lascivious", which can still include incarceration (incarceration when labeled a child molester NOT being a fun thing), fines, a lasting criminal record, and sex offender registration (although Florida DOES have case law that COULD allow a judge to remove the registration requirement under certain circumstances).
    Catherine NeSmith
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    AARDVARC.org, Inc.
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