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  1. #1

    Default Statutory Rape In Florida

    I know what the law is, but here is my situation in a nutshell:
    My boyfriend is currently 17 and (until today) has been living with me since early June '07, with his parents knowledge and consent (they never came to get him knowing where I live this whole time). I'm 24. He turns 18 in May but (out of the blue) his parents suddenly think I'm some kind of threat and have been threatening me with legal action if he doesn't come home to them. We knew the law and how cold and hard it can be, so they forced our hand and now he's home.

    Florida has pretty much no emancipation laws so there's no help there. And his parents are blowing up about everything, they even called his boss and had him fired, and had him switched out of his music classes in school, and just since he's been home today they now want him to cut his hair and shave.
    His parents are the types to ruin someone just out of spite or malice, and I'm worried that that's just what they'll do. Am I just plain screwed or are there holes in their case since they let him live with me for almost 9 months?
    Please help!
    Thank you!

  2. #2
    Join Date
    Aug 2007
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    Texas/Tejas
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    1,879

    Default Re: Need Advice: Statutory Rape In FL

    Florida age of consent is 16. They cannot press any charges.

  3. #3

    Default Re: Need Advice: Statutory Rape In FL

    Actually....


    794.05 Unlawful sexual activity with certain minors.--



    (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

    In addition, they can also file for a restraining order to keep you two apart until he reaches 18. That his parents didn't care until now (for some reason) doesn't negate the effectiveness of the statute.

  4. #4

    Default Re: Statutory Rape In Florida

    Poop. Thanks.

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Statutory Rape In Florida

    ...respect their wishes and wait for 3 months.

    I think older girlfriends are hot and had a few when I was younger, but always within a few years. If he truly loves you he can wait until he is 18.

    The best thing you can do is tell him that you respect his parents wishes and he should, too. He, like any hormonal teen, will probably hate this.

    Chances are that something was a catalyst for this change and they likely think it was your influence even if you had nothing to do with it. For that matter it could have been another parent accusing them of being bad parents.

    If you lived together and never had sex or had a bona fide medical purpose then there is still the possibility of "contributing to the delinquency of a minor" charges. The great thing about America (sarcasm) is that it is now arrest and convict and guilty until proven innocent. The DA will throw charges up on the wall like spaghetti and take what sticks. A conviction on some of the charges or a plea is still a conviction and is considered a "win" by the DA. Likewise, a dismissal of some charges or a plea bargain on lesser charges is considered a "win" for some atttorneys. ...and both get paid to do this. It's win-win in their eyes and the only loser is your wallet.

    Cheers,

    Bob

  6. #6

    Default Re: Statutory Rape In Florida

    Thanks for the advice, but it's really nothing like that. And I'd like to see anyone trying to wait 4 months to be with someone you love. We've been together for over a year now and he's lived with me since May 07. We're very close, practically inseparable, and we refuse to do that to ourselves.

    What about the statue of limitations? A coworker said there's a time limit that his parents have to file a claim.

    Well, since my wallet is already a big loser I probably wouldn't even have any representation. I really don't think they have a case though, the first time we slept in the same bed was at his parents house (regardless of whether we were having sex at that time or not). His father gave us condom advice at one point... I mean, really, c'mon. Can't they get into trouble for "letting us" as well?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statutory Rape In Florida

    He's a minor. His parents can decide who he gets to socialize with, and can say "no" when his friends ask if he can come outside and play.

  8. #8

    Default Re: Statutory Rape In Florida

    Quote Quoting Skinnybookitty
    View Post
    I really don't think they have a case though, the first time we slept in the same bed was at his parents house (regardless of whether we were having sex at that time or not). His father gave us condom advice at one point... I mean, really, c'mon. Can't they get into trouble for "letting us" as well?

    It wouldn't even matter if his parents gave you written permission - they do not have the legal ability to suddenly turn a crime into a non-crime.

  9. #9
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Statutory Rape In Florida

    I have a fiancee. I am going to be apart from her for 5 more months. I love her dearly and look forward to the day I see her. She and I do get to talk every day; I make it a point to speak with her when the opportunity presents itself.

    If she was underage and her parents said no or wait, then I would wait. If her parents said no after they were 18 and would bring up charges, then I would wait.

    If you don't have $$ and the kid's family has $$, then this might be a point of contention. If you do drugs and their child started smoking pot, then they may look at you as the influence.

    YOU CAN EITHER LOVE HIM FROM JAIL OR LOVE HIM FROM THE COMFORT OF YOUR SOFA in 4-5 months. It's your call...

  10. #10

    Default Re: Statutory Rape In Florida

    Well. I'm sorry that you have to wait but for me Life is just too damn short to not see him for 4 months, and he agrees. The biggest thing they dislike about me is that I'm not Jewish. And I didn't introduce their son to anything, he introduced me to real life. But luckily when their son left town (not my doing) they realized that pressing charges would only serve to ruin any remaining relationship they had left with him. They sent him an email saying they would not involve the authorities. Here's hoping they keep their word THIS time. Thanks for your help!

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