Statutory Rape

orlando sex crime lawyer

Rape is an especially heinous crime which makes allegations for this crime all the more serious. The most unfortunate aspect of it all is the perceptions of the accused as, regardless of the outcome of the case, the defendant is always viewed as an individual who was accused of engaging in sexual activity with an underage person. This not only tarnishes one’s criminal record but also their character, which makes moving on with life after the incident seemingly impossible. Ensure that your rights are protected in the court of law by securing knowledgeable legal representation.

The Orlando statutory rape defense lawyers at The Umansky Law Firm are passionate criminal defense attorneys who’ve helped those accused of various sex crimes clear their names. We understand that not all cases are the same and that seemingly insignificant details can be the difference between a conviction and being cleared of all charges. Allow our team of former state and local prosecutors to help fight for your freedom.

What is Statutory Rape?

While the age of consent in Florida is indeed 18 years old, those ages 16 and 17 can consent to sexual intercourse with anyone up to 24 years of age. Florida Statute § 794.05 defines statutory rape as when “A person 24 years of age or older … engages in sexual activity with a person 16 or 17 years of age…” “Sexual activity” in this sense refers to any anal, vaginal, or oral union with another or penetration by an object.

The crime becomes more severe when the adult who’s over 24 years of age engages in sexual conduct with a minor under the age of 16. In any statutory rape case, however, lack of knowledge of the minor’s age is not a recognizable defense to the charge.

It’s important to note that emancipated 16- or 17-year-olds who have petitioned the court to have the rights of an adult cannot be statutory rape victims if their sexual partner is 24 years of age or older.

Statutory Rape Sex Crimes and Penalties

Statutory rape is a second-degree felony in Florida punishable by:

  • Up to 15 years in prison
  • Up to 15 years probation
  • Up to $10,000 in fines

Some other common sex crimes that are considered statutory rape in Florida include:

  • Lewd and Lascivious Battery: Sexual penetration between someone 13, 14 or 15 years of age and an adult.
  • Lewd and Lascivious Molestation: Sexual touching between a minor and an adult which is a second-degree felony if the minor was 15 or younger and the adult was 18 or older. Penalties increase to life in prison if the minor is younger than 12 years of age.

Defending Against Statutory Rape Charges in Orlando

Rape cases require careful hands which is why it’s important that you do not allow just any criminal defense attorney to manage your case. You’ll benefit most from a sex crime defense attorney with decades of experience and numerous successful sex crime cases under their belt. The Orlando statutory rape defense lawyers at The Umansky Law Firm fit the bill. We are Board Certified Criminal Trial Lawyers who specialize in sex crime cases.

With over 100 years of combined experience, our team is fully aware of what it takes to defeat a statutory rape case. We will meticulously comb through details, conduct interviews, background checks, and exploit any available resource that can help clear your name of all charges. Contact us today at 407-228-3838 for a free case evaluation.