TAMPA STATUTORY RAPE LAWYER
Experienced Statutory Rape Defense Attorney in Hillsborough County, FL
At Buda Law, our Tampa criminal defense attorneys serve clients accused of various offenses, including sex crimes like statutory rape. Representing clients throughout Hillsborough and Pinellas County, including Tampa, Dade City, Riverview, St. Petersburg, Clearwater, and beyond, our experienced statutory rape lawyers know what’s at stake for those accused of any sex crime, especially one involving a minor.
Recognizing the sensitivity and the profound implications of a statutory rape charge, Buda Law is committed to upholding our clients’ rights and striving for the most favorable outcome possible. Whether challenging the prosecution’s evidence, leveraging legal exceptions, or negotiating reduced charges, our goal is to protect your future and reputation at all costs.
If you’re facing a statutory rape charge in Florida, contact Buda Law at (813) 322-2832 to schedule a free consultation with a Tampa sex crimes attorney today.
What is Considered Statutory Rape in Florida?
In Florida, statutory rape is the act of engaging in sexual activity with a person under the age of consent, which is set at 18 years. This legal framework categorizes such acts as either “sexual battery” or “unlawful sexual activity with certain minors,” depending on the ages of the individuals involved.
The law focuses on the inability of those under Florida’s age of consent to legally agree to sexual activities, rendering any such engagement by an adult as statutory rape.
The severity of the offense and the related penalties can vary, taking into account factors such as the age difference between the parties and the circumstances of the case. Florida law particularly distinguishes between cases involving minors who are 16 or 17 years old and those involving younger children, applying different statutes and penalties accordingly.
Florida Statutory Rape Law
Florida’s statutory rape law is designed with the intent to protect minors by setting clear boundaries around the age of consent and sexual activity. The law differentiates between various levels of offenses, taking into account the ages of both parties involved and the circumstances of the case.
If you’ve been accused of statutory rape in Tampa, FL, it’s important to be familiar with this statute and how it can impact your statutory rape case. The Florida legal system takes sex crimes charges very seriously, which is why you need experienced statutory rape lawyers by your side to aggressively fight against the charges. To learn more about how one of our Tampa sex crimes attorneys can help your case, contact Buda Law to schedule a free consultation right away.
Florida Statutes § 794.05
Florida Statutes § 794.05 addresses unlawful sexual activity with minors, making it a second-degree felony for any person 24 years of age or older to engage in sexual conduct with an individual who is 16 or 17 years old, regardless of the minor’s consent.
The law is designed to protect younger individuals from sexual relationships with significantly older adults, recognizing the power dynamics and potential for exploitation in these situations. Violations of this Florida statute can lead to severe penalties, including lengthy prison sentences, fines, and mandatory registration as a sex offender.
Statutory Rape vs. Rape
In Florida, the difference between statutory rape and rape hinges on the concept of consent and the victim’s age. Statutory rape specifically refers to sexual conduct where one participant is below the state’s age of consent, which is 18. This type of criminal offense does not necessarily require an element of force or coercion; the critical factor is the age of the minor and the lack of legal capacity to consent due to that age.
Rape, on the other hand, is categorized under sexual battery in Florida and involves engaging in sexual intercourse or penetration without the victim’s consent, which can occur through physical force, coercion, or incapacitation, regardless of the victim’s age.
How Many Years for Statutory Rape?
Sex crime charges in Florida can result in serious penalties, including lengthy sentences, large fines, and being added to the state sex offender registry. A Florida statutory rape charge is no different, with prison sentences ranging from five years to life imprisonment depending on the age of the accused and the alleged victim. Listed below are the various penalties offenders can face if convicted of this sex crime.
- If the alleged victim is under 12 years of age and the accused is 18 years or older, a conviction can result in life imprisonment.
- If the accused is 18 years or older and the alleged victim is between 12 to 15 years old, a conviction could result in up to 15 years in prison.
- If the alleged victim is between 12 and 16 years old and the accused is under 18 years of age, this offense is considered a third-degree felony, which can result in a five-year prison sentence.
Additional Penalties Following a Rape Conviction
In Tampa, FL, the consequences of a sex crime conviction extend far beyond the prison sentence and fines. Those found guilty of sex offenses, including statutory rape, will be required to join the sex offenders registry, which affects almost every aspect of a person’s life. Registered sex offenders are extremely limited in terms of where they can live, their employment opportunities, and their social standing.
In some cases, the sex offender will be required to pay restitution to the victim that covers medical bills, psychological counseling, and other expenses related to the crime. Other penalties include the loss of certain civil rights, like voting and bearing arms, and the possibility of being subject to extended probation or parole conditions.
These additional penalties that follow a sex crime conviction highlight the seriousness with which the Florida legal system treats these offenses. The lifelong consequences of a rape conviction are why it’s vital for anyone accused of such crimes to equip themselves with the help of an experienced attorney like Andrew Buda as soon as possible.
How To Get Out of Statutory Rape Charges
When confronting statutory rape charges, creating a strong defense strategy requires a thorough examination of the case details to establish reasonable doubt. An experienced attorney will meticulously scrutinize the evidence, looking for inconsistencies or inaccuracies that could cast doubt on the prosecution’s case. This may include investigating the possibility of a false accusation or demonstrating the defendant’s lack of knowledge of the minor’s age.
Exceptions To Statutory Rape in Florida
Florida’s statutory rape laws are designed with exceptions to accommodate certain situations that fall outside the usual scope of prosecution for sexual conduct involving minors. Notably, the state recognizes a close-in-age exemption, commonly referred to as the Florida Romeo and Juliet law, which allows for consensual sexual activity between minors and individuals who are slightly older, typically within a four-year age difference.
This exemption prevents the criminalization of teenagers in consensual relationships. However, it’s crucial to understand that this exception has its limitations and does not apply in all circumstances, especially when the age gap exceeds the defined parameters or if one party is under the age of consent.
How Experienced Criminal Defense Attorney Andrew Buda Can Help
As a former prosecuting attorney, Attorney Andrew Buda brings a unique and invaluable perspective to defending clients against statutory rape charges in Florida. His understanding of both sides of the courtroom enables him to anticipate the prosecution’s strategies and build the most effective defense possible. With a keen eye for detail, Buda evaluates the evidence, exploiting any weaknesses in the prosecution’s case to foster reasonable doubt.
From challenging false accusations to applying statutory exceptions, Attorney Buda aims to mitigate consequences or achieve dismissals for his clients. His commitment to his clients combines strategic legal insight with empathetic support, ensuring personalized defense strategies that prioritize the best outcomes while safeguarding rights and futures.
Call the Tampa Statutory Rape Lawyers at Buda Law For a Free Consultation Today
At Buda Law, our seasoned Tampa statutory rape lawyers, led by the experienced former prosecuting attorney Andrew Buda, are ready to help you fight your statutory rape allegations. We understand the stakes and are committed to aggressively defending your rights and reputation.
Contact Buda Law at (813) 322-2832 or via our online intake form to schedule a free consultation with an experienced sex crimes attorney today.
REVIEWS
See What Our Clients Have to Say About Working With Us
He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
– Former Client
His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
– Damond
Life Saver!
Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
– Shannon
Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
START BUILDING YOUR CASE
Schedule a Free Consultation
WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
- Exceptional Negotiator