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Statutory Rape in Orlando, FL
Statutory Rape
Orlando Statutory Rape Lawyer
Allegations involving statutory rape are among the most serious sex crime charges under Florida law. Even when the accused believed the relationship was consensual, or when the minor misrepresented their age, a conviction can result in severe penalties and long-term consequences that affect employment, housing, family relationships, and reputation. If you are facing accusations of unlawful sexual activity with a minor, it is critical to retain an experienced criminal defense attorney immediately.
At Hanlon Law, Orlando statutory rape lawyer Will Hanlon has spent more than two decades defending individuals accused of sex crimes throughout Central Florida. He understands the legal complexity of these cases and the lasting damage a conviction can cause. Our firm is committed to protecting the rights of the accused and pursuing the strongest possible defense based on the facts of each case.
Understanding Statutory Rape Under Florida Law
In Florida, statutory rape is prosecuted under
Florida Statutes § 794.05, which governs unlawful sexual activity with certain minors. This offense applies when a person who is 24 years of age or older engages in sexual activity with a minor who is 16 or 17 years old. The law criminalizes oral, anal, or vaginal penetration or union, regardless of whether the minor willingly participated.
Unlike other sex offenses, statutory rape does not depend on force, threats, or lack of consent. The conduct is illegal solely because of the ages of the individuals involved. In many cases, the same conduct would be lawful if both parties were adults.
Consent and Mistake of Age Are Not Defenses
One of the most challenging aspects of statutory rape cases is that consent is not a defense. Even if the minor agreed to the sexual activity or initiated the relationship, the law still considers the conduct criminal. Additionally, the accused person’s belief about the minor’s age—no matter how reasonable—is not legally relevant.
This means that even if the minor falsely claimed to be 18 or older, or presented identification suggesting adulthood, the charge may still proceed. Florida law also prohibits the use of the minor’s prior sexual history as a defense. These strict standards make it essential to work with an attorney who understands how to identify legitimate legal defenses and procedural weaknesses.
Penalties for Statutory Rape in Orlando
Unlawful sexual activity with a minor is generally charged as a second-degree felony, punishable by up to 15 years in Florida state prison and fines of up to $10,000. A conviction may also result in lengthy probation, sex offender probation conditions, and mandatory registration as a sex offender.
In certain cases involving a small age difference—typically four years or less—the defendant may be eligible for relief under Florida’s “Romeo and Juliet” law, which can allow for removal from the sex offender registry. However, this law does not eliminate the conviction itself, and the underlying criminal penalties may still apply.
Defending Against False or Exaggerated Allegations
Statutory rape allegations are not always based on truth. These accusations can arise from jealousy, retaliation, emotional instability, or pressure from parents or authority figures. In family law or custody disputes, sex crime allegations may be used as leverage against a parent, partner, or spouse.
A strong defense may involve challenging the credibility of witnesses, exposing inconsistencies in statements, examining the timeline of events, or identifying constitutional violations during the investigation. Early legal intervention is often critical to preserving evidence and protecting your rights.
Speak with an Experienced Orlando Statutory Rape Lawyer
If you are under investigation or have been arrested for statutory rape, you should not speak to law enforcement without legal counsel. The consequences of a conviction are severe and long-lasting, making it vital to act quickly and strategically.
Will Hanlon has defended individuals accused of serious sex crimes in the Orlando area since 1994. At Hanlon Law, we are dedicated to providing aggressive, discreet, and thorough representation for those facing statutory rape and related charges. Contact us today by
phone or
online to schedule a confidential consultation.
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