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.

I agree. I hope you get everything figured out. I just need to say WOW! the world is very corrupt these days.

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Quoting patty60

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I agree. I hope you get everything figured out. I just need to say WOW! the world is very corrupt these days.

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A hundred years ago 30 to 40 year old men regularly married 16 or 17 year old girls.

130 years ago they regularly married 10 year old girls. It was amusing when they developed a section of state highway adding businesses over about a 2 mile stretch nearby. They discovered an old cemetery which they started to highlight as a historical marker in the area until it was discovered several grave stones clearly and legibly detailed the prevalence of 10 year old wives. Suddenly the news and historical coverage dropped.

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Quoting llworking

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A hundred years ago 30 to 40 year old men regularly married 16 or 17 year old girls.

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joshyboy;841253]We are both men. Jk, I do agree with you.

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sorry about that and I even considered it given the user name but thought maybe it was in reference to a current boyfriend (presuming you were a girl) No offense intended.

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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

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I'm glad you are not arguing that point. Hopefully at 20 you have matured enough to realize why statutory rape laws are in place. People with that sort of age difference are simply worlds apart and all to often, it is a "sick" relationship with the elder taking advantage of the immaturity of the younger.


Hopefully you have not been injured by this relationship although the fact you mention you are in some sort of counseling/treatment suggests there are some issues in your life. Best wishes towards a successful journey in that matter.


anyway; I think it honorable of you to realize that your emancipation allowed for a lawful relationship that your ex is now being charged based upon that relationship and are stepping forward to attempt to exonerate him. So, send the info to the attorney and let their attorney use it as needed.

again, with the last statement in my previous post:

it would not surprise me, if it has not already happened, that you are interviewed. While I do not dislike cops in whole, many are out to bolster their resume or arrest record and often times statements are twisted to meet a need that can allow for that. I have seen police reports that contained outright lies. I have seen police reports that twisted the facts to imply issues that were simply not present. Be cautious in anything you say lest your ex may find themselves staying where they are for awhile.

and Carl, if you read this; ya gotta know I respect you. You seem to be one of "the good guys" but just the same, too many cops lie on reports and many more twist statements and facts to achieve their desired goal. I wish it weren't true and these were the old days of my youth where the "to serve and protect" was not just a few words on the side of the car but an actual tenet of the police life. Anymore it is simply lip service for, at least in my experience and view, the bulk of the police.

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Quoting jk

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I wish it weren't true and these were the old days of my youth where the "to serve and protect" was not just a few words on the side of the car but an actual tenet of the police life. Anymore it is simply lip service for, at least in my experience and view, the bulk of the police.

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The integrity of the police in this country varies significantly from place to place. I have had the fortune (or perhaps misfortune) of living in a number of different places in the country over the years, from the West Coast to the East Coast and all kinds of points in between. I've lived in areas where the government generally, including police, lawyers, and judges, were notoriously corrupt. I've lived in places where the government was pretty clean and the vast majority of cops, lawyers, and judges did their jobs with integrity and were well respected in the community. You can find everything in between, too. With a nation as large and as diverse as ours, almost any generality made about a particular group is going to miss the mark, in my experience.

and that is why I limited the statement to:

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at least in my experience and view,

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I hope my experiences and situations I have personally dealt with or seen are not the norm but sadly to say, I don't think that would be correct. There are too many instances spread across the country of oppressive and even abusive cops to believe I am in an isolated world where we are the only people exposed to such issues.

I am saddened when viewing the state of our country today. Too many problems and no solutions and it does seem to be getting worse.

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Quoting jk

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it would not surprise me, if it has not already happened, that you are interviewed. While I do not dislike cops in whole, many are out to bolster their resume or arrest record and often times statements are twisted to meet a need that can allow for that.

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Oh they attempted to. They stopped by my house and I wasn't there. My partner told them I was at work. They showed up at my place of employment and asked me to give a statement. I informed them that without a subpoena ordering me to depose, I am not obligated to speak to them. I informed them that in the event they wish to compel me to depose, they may contact my ex's attorney and any questions can be addressed through him. I also informed them that any future contact with me must be made through the above mentioned attorney. I provided them with her business card and, as the manager on duty, asked them if they had any other lawful reason to be on the premises (shopping/other matters). After beating around the bush for a few minutes, and finally getting out they do not have further business on the property, I asked them to leave the premises. They reluctantly complied. Cops in my area (PLEASE DO NOT think I have no respect for law enforcement in general as I have a tremendous amount of respect for all of our public servants, especially ones who endangers their lives to serve and protect) are notorious for being deceptive, and sometimes downright untruthful.

I debated a little while whether I should save my ex from prosecution or not. After thinking about it, this is my reasoning: a judge of competent jurisdiction deemed me mature/established enough to order emancipation, something incredibly rare. As such, I have all the responsibilities of an adult-being self sufficient, payment of debts, being responsible both civilly and criminally for any actions I choose to make. Also, because I have the responsibilities of an adult, I also enjoy the liberties of an adult (with some exceptions). Because of this, I made the adult decision to have sexual relations. My ex shouldn't be punished (even though he's a pr**k) for a crime he did not commit.

Is this investigation really about you, or is it because your ex- was involved with other minors and your name came up during the investigation of other suspected crimes?

It was solely involving me.

It seems like a lot of work for them to be going through, years after the fact, if in fact you're the only suspected victim and you're actively refusing to participate in the investigation.

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Quoting llworking

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A hundred years ago 30 to 40 year old men regularly married 16 or 17 year old girls.

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That was 100 years ago, and nobody cares about that now, just like in 100 years from now, no one is going to care about this situation...

That's why when I do something wrong, to make myself feel better, I ask myself " in 100 years, who is going to care"? :)