Statuate of Limitations for Statuatory Rape in Florida
My question involves criminal law for the state of: Florida
I have a friend who when he was 34 years old, had sexual intercourse with a 14 year old. He said she lied about her age & apparently her parents were fully aware of this one-time occurance. It is now 4 years later (he is 38 & she is 18), and she now claims that she has a 3 year old daughter from this 1 time affair. She never informed him of her pregnancy, never contacted or tried to contact him since this occurred. He said he hadn't seen nor talked to her since the 1 time affair. What is the statuate of limitations for statuatory rape in Florida, and can she or her parents now file charges against my friend even though they were okay with all of this four years ago?
Re: Statuate of Limitations for Statuatory Rape in Florida
In Florida, the statute of limitations for crimes committed against minors doesn't start ticking until the minor turns 18. And, since the crime in question would be a felony, and NOT statutory rape (since she was UNDER 16 at the time), criminal charges will be possible for up to 6 more years (not 2 years which would apply if the victim were 16 and up).
Florida statutes are VERY specific that ignorance of the victim's age, regardless of lies, isn't a defense to criminal charges. Florida legislators expect people to FIND OUT FOR SURE someone's age before sleeping with them. It isn't romantic to ask for ID and actually get to know a person, but it's a good way to stay out of jail or prison.
The approval of her parents doesn't impact that a crime occurred and that the state can proceed accordingly (parents can't give legal permission for a crime to be committed against their child).
The victim, the victim's parents, or ANY party who has knowledge of the incident can report the crime. IF the crime is reported, your friend will need a criminal defense attorney ASAP - and should be talking to no one BUT that attorney.