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Statutory Rape

Clermont Statutory Rape Lawyer

Allegations involving a minor can turn your life upside down overnight. If you or someone you love has been accused of statutory rape or unlawful sexual activity with a minor, you are facing felony charges, possible prison, and long-term damage to your reputation and family.

In this moment, you may not know what to say to law enforcement, how to protect yourself, or what will happen next. Our team at The Law Offices of Justin Rickman defends people accused of serious sex offenses in this area, and we work to bring clarity and direction when everything feels uncertain.

With more than 40 years of combined experience based in Clermont, we have guided many clients through high-stress criminal cases in Lake County and the surrounding Four Corners region. We are here to listen to you, explain your options in plain language, and prepare a focused strategy for your defense.

Call (888) 835-5840 today or fill out our online contact form to schedule your initial consultation.

What Is the Age of Consent?

The age of consent is the minimum age at which a person is legally considered capable of consenting to sexual activity. In Florida, the age of consent is 18 years old. This means that any individual under the age of 18 cannot legally consent to sexual activity, regardless of whether the act appeared consensual to both parties.

Florida is one of the stricter states in the country when it comes to age-of-consent laws. Even if a minor willingly participated in sexual activity, Florida law does not recognize that participation as valid consent. The adult involved can still face criminal charges.

There is one important exception worth understanding: Florida's Romeo and Juliet law (discussed in more detail below) may provide some relief for individuals who are close in age to the minor involved.

Florida Statutory Rape Laws & Penalties

In Florida, "statutory rape" is prosecuted under statutes governing unlawful sexual activity with a minor and lewd or lascivious offenses. The specific charges and penalties depend on the ages of the parties involved and the nature of the alleged conduct.

Unlawful Sexual Activity with a Minor (Florida Statute § 794.05)

Under Florida law, it is a felony for a person 24 years of age or older to engage in sexual activity with a person who is 16 or 17 years old, even if the minor appeared to consent. This offense is classified as a second-degree felony, punishable by:

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Fines up to $10,000

Lewd or Lascivious Battery (Florida Statute § 800.04)

When the alleged victim is between the ages of 12 and 16, the charge escalates to lewd or lascivious battery, a second-degree felony carrying the same potential penalties. If the offense involved a child under 12, charges can rise to a first-degree felony with penalties up to 30 years in prison.

Sex Offender Registration

Perhaps most significantly, a statutory rape conviction in Florida typically requires mandatory registration as a sex offender. Sex offender registration can restrict where you live, where you work, and where you may travel — for life.

Legal Defenses to Statutory Rape Charges

Being charged does not mean being convicted. A skilled Clermont statutory rape lawyer can evaluate the specific facts of your case and identify defenses that may apply to your situation.

The Romeo and Juliet Law

Florida's Romeo and Juliet law (Florida Statute § 943.04354) was designed to protect young people who engage in consensual sexual activity when the age difference between the parties is small. If the offender is between the ages of 14 and 17 and the other party is no more than 4 years younger, this law may provide a defense or allow the offender to petition for removal from the sex offender registry.

Lack of Knowledge of Age

In some statutory rape cases, the accused genuinely did not know — and had no reasonable way of knowing — that the other party was a minor. While this is not always a complete defense in Florida, it may be relevant in negotiations and sentencing considerations depending on the circumstances.

False Accusations

Sadly, false accusations of statutory rape do occur. Motivations can include personal disputes, custody battles, jealousy, or manipulation. Our attorneys are experienced at identifying inconsistencies in the alleged victim's account, challenging the reliability of witness testimony, and scrutinizing law enforcement procedures for violations of your rights.

Unlawful Search and Seizure

If law enforcement obtained evidence against you through an unlawful search or seizure in violation of your Fourth Amendment rights, that evidence may be suppressed. Suppressed evidence can result in reduced charges or outright dismissal.

Constitutional Violations

Your rights under the Fifth and Sixth Amendments — including the right to remain silent and the right to counsel — must be respected throughout the investigation and arrest process. Any violations of these rights can be powerful tools in your defense.

Frequently Asked Questions

Q: Can I be charged with statutory rape even if the minor said they consented?

Yes. In Florida, a person under 18 cannot legally consent to sexual activity. The minor's apparent willingness is not a defense under most circumstances.

Q: Does a statutory rape charge automatically mean I will be placed on the sex offender registry?

Not necessarily — but the risk is serious. Many statutory rape convictions do require sex offender registration. Your attorney can work to pursue outcomes that minimize or eliminate this consequence depending on the facts of your case.

Q: What should I do if I am being investigated but haven't been charged yet?

Contact a criminal defense attorney immediately. Do not speak to law enforcement without legal counsel present. Anything you say can and will be used against you, and early legal intervention is often the most effective way to influence the outcome of a case.

Q: How long do I have to fight these charges?

The sooner you act, the better. Florida's statute of limitations for sex crimes involving minors can be lengthy, but building the strongest possible defense takes time. Contacting an attorney as soon as possible gives your legal team the best opportunity to gather evidence and develop your strategy.

Q: Can statutory rape charges be dropped or reduced?

Yes, in some cases, charges can be reduced or dismissed based on the evidence, constitutional violations, or successful negotiation with prosecutors. An experienced attorney will evaluate every possible avenue for achieving the best outcome in your case.

Serving Clermont, FL and Surrounding Communities

The Law Offices of Justin Rickman proudly serves clients throughout Clermont and the greater Lake County area, including Minneola, Groveland, Mascotte, Montverde, Leesburg, and other nearby communities. Whether you have been arrested or are under investigation, we are here to help you understand your rights and options.

Contact a Clermont Statutory Rape Attorney Today

A statutory rape charge can feel overwhelming, but you do not have to face it alone. The Law Offices of Justin Rickman is ready to stand by your side, protect your rights, and fight for your future. Our Clermont statutory rape lawyers offer confidential consultations so you can discuss your situation without fear or obligation.

Call (888) 835-5840 to speak with our team confidentially.

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