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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.
Florida law focuses on the inability of those under the 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 distinction 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.
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