[sooverit_81]

Hi!
Does anyone know the laws in Florida? Can a 16 year old girl be charged of statutory rape by the parents of a 14 year old boy? Please help me. This is very important.

[Clough]

These are a few links that concern the subject of statutory rape in Florida. Hopefully, someone will come along with the experience to give you a direct answer. In the meantime, you might like to check out the following:

Statutory Rape Law in Florida

Florida

http://opa.osophs.dhhs.gov/titlex/st...laws_lewin.pdf

Quoting Florida Statutes Section 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.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.

(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.

[momtobe949]

Hello I have read your post and have to say you may not have case. The judge will look at the relationship between the two minors. Some of the questions a judge may ask is:
What was the relationship? Who initiated the sexual conduct? Was the sexual contact forced by either party? Is the minor (14 year old) pressing charges or is the parent of the minor pressing charges? State the reasoning. Now are you pressing the charges or is your son? Are you filing a case because your upset or is it your sons choice? I am asking only because of the facts in this case.


As an attorney I would file a case and see what judge would take this case on. In my opinion you may not have case now keep in mind I am not an attorney in Florida you may have a chance in a Florida Court room.

[momtobe949]

As well check with your local police department and see what they can do for you

[sooverit_81]

Thank you guys for your help. I hope there isn't a case. The 14 year old and 16 year old both consented. Nothing was forced. Also the parents don't have proof. I'm no lawyer but I'm pretty sure you can't present a case without evidence. So I think I'm good to go.
Thank you so much!

[momtobe949]

Yes there may be no case, I hope that both parents are willing to sit down with their kids and talk to them about what happened.

[layne42]

Don't be so sure... important excerpts from the stat were not included in the prior post... see Sec. 5(c)(1), Sec. 6 (a) (1) and Sec. 6(c) below... and the prosecutor decides whether to bring charges... statutory rape is a strict liability offense and as the statute defines, consent or mistaken belief about the victim's age are irrelevant

(the following referenced material was obtained from another blog/site and is not intended to used for legal advice or representation, only for informational purposes as to the other references available concerning statutory rape.)

Quoting Florida Statutes, Section 800.04 - Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
--------------------------------------------------------------------------------
(2) PROHIBITED DEFENSES. -- Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.

(3) IGNORANCE OR BELIEF OF VICTIM'S AGE. -- The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.

(4) LEWD OR LASCIVIOUS BATTERY. -- A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

Commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) LEWD OR LASCIVIOUS MOLESTATION. --

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.

(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.

(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or

2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age

Commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


6) LEWD OR LASCIVIOUS CONDUCT. --

(a) A person who:

1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or

2. Solicits a person under 16 years of age to commit a lewd or lascivious act

Commits lewd or lascivious conduct.

(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

[excon]

Hello soo:

I don't think involving the cops would be a good idea.

excon

[StoddartD]

Hi!
Does anyone know the laws in Florida? Can a 16 year old girl be charged of statutory rape by the parents of a 14 year old boy? Please help me. This is very important.

No they shouldn't be able to, you guys are to close in age. In canada: legal age of consent is 14-only with a party under18.

[GoldieMae]

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Sorry to say that it appears be a crime in Florida. Of course, that will depend on what Lewd and Lascivious Molestation means in the statute. Consent it not a defense. These laws don't always make a lot of sense in certain circumstances.

[s_cianci]

Also the parents dont have proof. I'm no lawyer but im pretty sure you can't present a case without evidence. So I think im good to go. Thank you soo much!

The "proof" would be the testimony of the complaining parties. It is valid in the absence of any rebuttal testimony by either the defendant or a third party.

[ScottGem]

(4) LEWD OR LASCIVIOUS BATTERY. -- A person who:

(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or

(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity

Thank you guys for your help. I hope there isnt a case. The 14 year old and 16 year old both consented. nothing was forced. Also the parents dont have proof. I'm no lawyer but im pretty sure you can't present a case without evidence. So I think im good to go.
Thank you soo much!

As you can see from this excerpt from the law as Layne posted it, you may not be "good to go". From that, I gather that you are the 16 year old girl in this case. You can be prosecuted as long as the prosecutor's office can bring a case. If you are not the girl, then if you know about it happened, others may as well.

But that's not the real issue here. If, indeed, you are the 16 year old girl, then you need to take a restock of your life. Why are you having intercourse at age 16? Why are you preying on a 14 year old boy? Both things show a very worrisome lack of judgement and lack of maturity.