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  1. #1
    Join Date
    Nov 2011
    Posts
    1

    Default Teenager Having Sex With Stepparent

    My question involves criminal law for the state of: florida

    I was 17 years old and was having sex with my 26 year old step mother, what is the laws on this in the state of florida, and the statue of limitiations to prosecute I am now 21 and want to prosecute her, I have always been threatend by her as she said she would call my probation officer if I told anyone, I am now no longer on probation and feel she took advantage of me and ruined my life as My father will not speak to me and hasnt for 3 years. they are divorced due to this, as he walked in and caught my step mom and me in bed together.

    can someone tell me what my legal options are in florida

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Teenager Having Sex With Stepparent

    I believe the statute of limitations has already expired. If I am correct, it was three years from the incident but even if it was 3 years from your 18 birthday, it has still been over 3 years.

  3. #3

    Default Re: Teenager Having Sex With Stepparent

    Actually, there's NO time limit. Under 794.011(8)(b) it's a first degree felony because the suspect would appear to be "in a position of familial or custodial authority" (often and easily applied to step-parents, especially if the minor was residing under the same roof).

    Prosecutions in violations of 794.011 which are first degree felonies committed against a person under age 18 may be commenced at ANY time under 775.15 (13)(b) - it's one of those special tolling situations which isn't readily clear when reading the statute, because you have to cross reference between them and scroll way down under 775 to find the exception (but it's an important and well known exception to those of us in FL law enforcement and victim services).

    Still OP, all YOU can do is make a report to police. It will ultimately be up to the State Attorney whether or not to proceed with a criminal charge. Be sure to mention that she applied potential threats regarding your probation and that this was a major reason for the delayed report.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Teenager Having Sex With Stepparent

    Quote Quoting aardvarc
    View Post
    Actually, there's NO time limit. Under 794.011(8)(b) it's a first degree felony because the suspect would appear to be "in a position of familial or custodial authority" (often and easily applied to step-parents, especially if the minor was residing under the same roof).

    Still OP, all YOU can do is make a report to police. .
    thanks for the correction aardvarc. Sorry for the misinformation curious33.

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