Sex in which one partner is an adult and the other is a minor is legally called statutory rape. In the case of a Florida sex crime law, an adult is defined as someone 24 years of age or older. A minor is defined as any person under the age of 18.

• Florida Statute Title XLVI Crimes Chapter 794 Sexual Assault 794.05 – Unlawful sexual activity with certain minors. This law makes it a felony for anyone over the age of 24 to have sexual intercourse with a person who is 16 or 17 years old. Ignorance of age cannot be opposed as a defense to this crime.

QUESTION: Does this mean that anyone between the ages of 18 and 24 can have sex with someone under the age of 18?

REPLY: No, he does not do it.

• Florida Statute Title XLVI Crimes Chapter 800 Lewdness; Indecent Exposure – 800.04 Lewd or Lewd Offenses Committed on or in the Presence of Persons Under the Age of 16: This law makes it a second degree felony for “a person” 18 years of age or older to engage in sexual activity with a person 12 years of age or older, but less than 16 years of age.
• Florida Statute Title XLVI Crimes Chapter 827 Child Abuse 827.04 Contributing to the delinquency or dependency of a child; states that a person 21 years of age or older who impregnates a child under the age of 16 commits an act of child abuse that constitutes a third degree felony.

Statutory rape laws are meant to protect young people.

Knowing that jail time is a possible consequence deters many (but unfortunately not all) adults from becoming sexually involved with minors. When the act on a minor has already been committed, protection comes in the form of punishing the offender, usually with a felony.

The problem is that most minors who have sex with adults rarely feel like victims and therefore do not feel the need for protection. As a result, parents who suspect their minor children of being sexually active with older adults face a dilemma. If they report their suspicions to the authorities, the report sets in motion a lengthy and complex legal process that often takes them away from their children.

If they don’t report their suspicions, they may feel that they have failed in one of their main responsibilities as parents: protecting their child from potential danger.

Do you suspect child rape?

If you are a parent and suspect that your minor child is sexually involved with an adult, you have every right to decide how to handle the situation. Depending on your child’s maturity level, you may decide to talk frankly about possible consequences and then allow them some time to work out a solution on their own.

Or you may feel that legal action is necessary. If so, start collecting evidence of the relationship now. Read your child’s journals, journals, text message logs, and emails and make copies of any relevant information, especially anything that is dated, before your child has a chance to destroy the evidence. If you think there is evidence on a computer, be sure to back up the hard drive as well. If you don’t know how to do it, find someone who does.

Statutory rape complaint in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start by reporting suspected statutory rape to your local sheriff’s office or police department. Based on the evidence provided, the law enforcement agency will generally dismiss the case if insufficient evidence is provided; put the case on hold until resources can be dedicated; or initiate an investigation immediately.

An investigation involves collecting the names and interviewing everyone involved, including witnesses, and following up on leads and any new information obtained as a result of the interview process. A review of all the evidence is also carried out.

If this investigation is inconclusive, the case will likely be dismissed at this stage. However, if the investigation determines that a violation of Florida’s statutory rape laws has occurred, the case is forwarded to the appropriate district office of the State Attorney for prosecution.

Once under the jurisdiction of the State Attorney’s Office, district attorneys take sworn testimony from all witnesses. From there, they will determine if charges should be filed. If warranted, specific charges are set forth below. The district attorney’s office then files a case with the clerk of courts, an action that marks the start of the prosecution phase.

Nobody really wins in court

If all of this sounds overwhelming, remember there is a better way. Keeping the lines of communication open can help prevent statutory rape from developing in the first place. So do the right thing and talk openly, honestly, and regularly with your child.