Help!! I had a baby at the young age of 14. The father of my child was 18. I am currently 22 now and Would like to press statutory rape but am not sure what the Florida laws are. Can anyone help?
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Help!! I had a baby at the young age of 14. The father of my child was 18. I am currently 22 now and Would like to press statutory rape but am not sure what the Florida laws are. Can anyone help?
I am unclear why you would want to press charges now after 8 years but it looks like you are 4 years too late . The statute of limitations in Florida runs out after 4 years.
You may well be against SOL issues due to the amount of time that has passed.
Even if this doesn't apply there will be questions asked about why you have left ths for so long and what your intentions are.
Quote:
Originally Posted by helpquestions
Here is the law: "Lewd or Lascivious Battery (Statutory rape) makes it illegal to have sexual intercourse with an individual below the age of seventeen (17) years old or younger, even if both parties consent to the sexual conduct. However, there is a small exception if the alleged victim was either sixteen (16) or seventeen (17) and the accused was younger that twenty three (23) or younger. Importantly, ignorance of the victim's age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.
A person convicted of Lewd or Lascivious Battery (Statutory Rape) would be facing a maximum sentence of fifteen (15) years in prison and a minimum sentence sentence of seven (7) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
Lewd Molestation and Lewd Acts
Lewd or Lascivious Statutes makes it illegal to engage in certain sexual behavior with a person seventeen (17) years old or younger and they also make it illegal to engage in conduct that would be considered lewd by the community. Obviously the most severe charges are when a person eighteen or older engages in sexual contact or exhibition with, or in the presence of, a person seventeen years old or younger.
There are a variety of laws that fall under Lewd Statutes, generally the maximum penalty can be up to fifteen (15) years in prison and the minimum sentence can be sex offender probation. Additionally, they could be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States. "
The Law is a little bit complicated. Why have you waited so long to press charges? Did your parents attempt to press charges at when you were 14?
According to what I read there would have to be DNA testing and then, if the DA accepts and will press charges, the father of the child will face between 7 and 15 years in prison as well as being forced to register as a sex offender if found guilty.
I live in Florida, when I was 14 yrs old I babysat for my best friends brother and his wife he was 23. They had 2 children. While I was babysitting one night he returned and got fresh I said no he forced me down and raped me. I told my best friend she didn't believe me and after that I just clammed up. Now with a daughter that is a teenager I feel like is there something I can do now? To right a wrong that has been here to long.
What is the time frame - other than you were 14. I have no idea how old you are now.
Did you read what was posted when this thread was opened in 2008?
I also read the beginning but the answer for that case doesn't have the same issue. She was 14 had sex with boyfriend got pregs. The other was a child babysitting and was held down and raped. I am seeking the same answer for the second senerio. I was 14, he 27 raped me and got me pregnant. It has been about 15 years ago but just surfaced in therapy this year. Is there any recourse now?
What State? I've seen the Statute 18 plus 5 or 7 years in some places.
My case was in Florida I am now 43 I was 14 when that happened.
It really doesn't matter how old the two of you were if he forceably raped you. In other words, if it's not "statutory rape", but "standard" rape, he could be 100 and you could be 99- he could still be prosecuted.Quote:
Originally Posted by sarahk61675
But the problem is the SOL in whichever state or country where this occurred. There may also be an exception if you can prove you didn't know he raped you until recently. Until we know that information, we cannot help you.
I do feel that it would be a very difficult case to prove. You knew you had sex, but you didn't "know" it was against your will until just recently. A jury may very well find it hard to believe, beyond a reasonable doubt, particularly because the defendant is obviously prejudiced by the lapse of time.
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