Statutory Rape Charge for Sex with Emancipated Minor

My question involves criminal law for the state of: Florida

Hello all and thank you for taking the time to answer my questions!

I'm a political science major ('14 graduate!) and have a general grasp of the legal system, but I do need some help!

I was emancipated at the age of 16 by the State of Florida, ordered by a circuit court judge. This, to my understanding, removed my "disabilities of non-age". Now, I know that as an emancipated minor I still needed to be of age to purchase certain products (Tobacco, Alcohol, etc) as these are set by federal/state statutes. However, even though FL stat. does provide specific ages for the classification of stat. rape, I was wondering that, since, the "disabilities of non-age" have been removed and I'm-in the eyes of the court-considered an adult, if this is a valid reason to seek a motion for dismissal or at the very least a legal defense that can be presented during trial?

I'm going to the circuit that ordered the emancipation tomorrow and requesting a couple certified copies. Should I send a copy of one to the state attorney or just to the attorney representing my ex?

I also feel it important to note that DCF found this out by an unauthorized third party at my psychiatrists office (my psychiatrist DID NOT call or tell anyone to call). This information was discussed with my health care provider in a clinical setting and was recorded in my medical file (hence how it was breached).

There is a legal obligation on the part of a provider to report such crimes regardless of patient client privilege. How old were you, how old was the victim? How old is the victim now?

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Quoting Disagreeable

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There is a legal obligation on the part of a provider to report such crimes regardless of patient client privilege.

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Florida does have a mandatory reporting law, but that law excludes emancipated minors.

I assume you are the purported victim and your ex is being prosecuted for some sex offense involving you. Whether your emancipation makes a difference depends on exactly what your ex is charged with. For example, Florida statute § 794.05 makes it illegal for a person age 24 or older to have “sexual activity” with a minor age 16 or 17. However, that offense does not apply if the minor was emancipated at the time the sexual activity took place. So, the short answer is that it might make a difference, and if your ex’s lawyer does not know you were emancipated that is a fact that might be very important.

send a copy to the attorney representing your ex. If it is of value they will present it appropriately.

I can't imagine a 16 year old being a college graduate. Hence my additional questions.

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Quoting Mr. Knowitall

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Florida does have a mandatory reporting law, but that law excludes emancipated minors.

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Quoting Disagreeable

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I can't imagine a 16 year old being a college graduate. Hence my additional questions.

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come on now. Doogie Howser was a doctor at 14

I'm not 16, I'm 20 now...this happened almost four years ago. He was charged with violation of section 794.05 "sexual activity with certain minors aged 16-17". I am the "victim" of the crime, not the perpetrator.

I feel it important to mention I did not tell this to my doctor until I was 19, and I don't believe FL's mandatory reporting law requires notification after obtaining the age of majority.

One final question, I was going through the clerk of the courts website docket info and under the conditions for pre trial release it does say "no contact with victim". If the case gets dismissed, must I still file a motion to dismiss the no contact order or does that automatically dissolve?
My ex's attorney does not know about the emancipation, I'll send him a certified copy tomorrow

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joshyboy;841245]I'm not 16, I'm 20 now...this happened almost four years ago. He was charged with violation of section 794.05 "sexual activity with certain minors aged 16-17". I am the "victim" of the crime, not the perpetrator.

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so he was over 24?


while I don't see this as a violation of the law, come on now, regardless of the legality, a person over 24 just is not in the same place in life as a person 16 years of age.

and honestly, if some 24 yo guy was messing with my 16 yo daughter Im not sure we would have to worry about the technicalities of the law. T

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I feel it important to mention I did not tell this to my doctor until I was 19, and I don't believe FL's mandatory reporting law requires notification after obtaining the age of majority.

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a mandatory reporter is mandated to report certain issues. That doesn't mean they can't report other concerns if they believe they should be reported. The only issue is whether he violated hipaa rules.

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One final question, I was going through the clerk of the courts website docket info and under the conditions for pre trial release it does say "no contact with victim". If the case gets dismissed, must I still file a motion to dismiss the no contact order or does that automatically dissolve?

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it should cause the NCO to be terminated but I would make sure it has been stated as such before going too far. Sometimes things move slowly and if it has not officially been terminated, it is still in force.

Oh, and you have no standing to file to have the NCO terminated anyway. The court issued the order on it's own and while you can ask it be terminated, since you are not the party that requested it, they do not have to oblige your request.



a thought, and don't say one way or the other:


if the relationship started before you were emancipated or before you were 16 they are still guilty of the charges.

We are both men. Jk, I do agree with you. Looking back it was inappropriate. There's no reason for someone who's 27 to be dating a 16 yr old, regardless of legalities allowing sexual relations.