What Is Statutory Rape Under Florida Law?

What Is Statutory Rape Under Florida Law? Under Florida law, “statutory rape” generally refers to sexual activity with a minor who is below the legal age of consent, even if the relationship appears consensual. In Florida, the age of consent is 18. This means that if a person 18 or older engages in sexual activity with someone under 18, criminal charges may apply even if both individuals agreed to the relationship. The specific charge is often “lewd or lascivious battery” under Florida Statutes § 800.04. For professionals, business owners, students, and parents in South Florida, an allegation of statutory rape can feel overwhelming and life-altering. According to the Florida Department of Law Enforcement’s most recent Uniform Crime Report, thousands of sex offense arrests are made statewide each year, with a significant portion involving allegations related to minors. A single accusation can lead to arrest, public scrutiny, and immediate reputational damage. If you have built a career, hold a professional license, or support a family, the fear is not only of jail but of losing everything you have worked for.

What Is Statutory Rape Under the Law?

In Florida, statutory rape is not labeled as such in the statutes. Instead, it typically falls under charges such as lewd or lascivious battery, molestation, or sexual activity with certain minors. The controlling statute is Florida Statutes § 800.04, which addresses sexual activity involving minors between 12 and 17 years old. Under this law, a person 18 years of age or older who engages in sexual activity with a minor aged 12 to 15 can face a second-degree felony charge. A second-degree felony in Florida can be punishable by up to 15 years in prison, probation, and substantial fines. If the minor is 16 or 17 and the adult is significantly older, charges may still apply depending on circumstances. Importantly, consent is not a defense when the alleged victim is below the age of consent. Even if the minor misrepresented their age, that misunderstanding does not automatically eliminate criminal exposure. Florida courts have consistently enforced the statutory framework. For individuals in Fort Lauderdale, Miami, West Palm Beach, and throughout South Florida, this legal structure means that even relationships that began with what felt like mutual understanding can lead to serious felony charges.

Why Statutory Rape Laws Exist

Florida’s statutory rape laws are designed to protect minors from exploitation and to recognize that individuals under 18 may not have the legal capacity to consent to sexual activity with adults. The legislature has determined that age differences can create imbalances in maturity, power, and judgment. These laws aim to:

• Protect minors from coercion or manipulation
• Establish clear boundaries regarding age and consent
• Deter adults from engaging in relationships with underage individuals
• Provide prosecutors with tools to address exploitation

According to the U.S. Bureau of Justice Statistics, sexual offenses involving minors remain a serious national concern. Florida’s statutory framework reflects that broader public policy goal. However, not every case fits a simple stereotype. In South Florida, many allegations arise from high school relationships where one person turns 18 before the other, or from online communications where age is unclear. The law does not always account for nuance, which is why careful legal analysis is critical.

How Severe Are the Consequences in South Florida?

A statutory rape conviction in Florida carries consequences that extend far beyond potential incarceration. In addition to prison exposure, individuals may face:

• Mandatory sex offender registration
• Restrictions on where they can live
• Limitations on employment opportunities
• Revocation of professional licenses
• Loss of child custody or visitation rights

Florida’s sex offender registry requirements are governed by Florida Statutes § 943.0435. Registration can last for decades or, in some cases, for life. For someone with a meaningful career, such as a licensed healthcare professional, educator, contractor, or business owner, the professional fallout can be immediate. Licensing boards in Florida often initiate disciplinary proceedings upon arrest, not just conviction. Employers may suspend or terminate employment solely on the basis of pending charges.  If you are a parent, the emotional toll can be equally profound. The fear of losing family respect, being removed from your children’s lives, or seeing your name publicly associated with a sex crime can be devastating. For college students on their way to a bright and productive future, legal issues involving sexual allegations can end that bright future before it begins. We feel strongly that with our firm’s compassionate guidance, that unfortunate outcome might be avoided. 

Florida’s “Romeo and Juliet” Law Explained

Florida recognizes that not all age-gap cases reflect nuance. The state’s so-called “Romeo and Juliet” law, found in Florida Statutes § 943.04354, provides limited relief in certain situations. Under this provision, a person who was convicted of certain sexual offenses involving a minor may petition the court to be removed from the sex offender registry if:

• The victim was between 14 and 17 years old
• The offender was no more than four years older than the victim
• The sexual activity was consensual
• The offender has no prior qualifying sex offense convictions

This law does not automatically dismiss charges. Instead, it offers a path to relief from registration requirements after conviction. For example, imagine a 19-year-old college freshman is dating a 16-year-old high school senior. If charges are filed and a conviction occurs, the individual may later qualify to petition for removal from the registry, provided all statutory criteria are met. However, that relief requires formal court action and is not guaranteed.

What Defenses May Be Available?

Every case depends on its specific facts. While the age of consent framework is strict, legal defenses may involve:

• Challenging the alleged victim’s age
• Examining digital evidence authenticity
• Evaluating constitutional violations during investigation
• Assessing credibility and inconsistencies

In South Florida, investigations often involve text messages, social media communications, and forensic analysis of devices. Early intervention can be crucial in preserving evidence and protecting rights. The Rossen Law Firm represents individuals facing sex crime allegations throughout South Florida, providing guidance tailored to those with professional, financial, and personal stakes on the line. A strategic defense begins with understanding not only the statute but also how prosecutors build these cases.

What Should You Do If You Are Under Investigation?

If you learn that you are under investigation for statutory rape in Florida, immediate action matters. Consider the following steps:

• Do not speak with law enforcement without counsel present
• Preserve electronic communications
• Avoid discussing the matter publicly or on social media
• Seek experienced legal representation promptly

Even informal conversations with investigators can become evidence. Statements made with the intention of “clearing things up” may later be interpreted differently in court. Professionals and business owners often believe that cooperation alone will resolve misunderstandings. While respectful cooperation is important, protecting your rights must remain the priority.

Contact Us Today

An allegation of statutory rape under Florida law can cause anxiety and uncertainty. Your career, your professional identity, your reputation in the community, everything may seem at risk overnight. The fear of losing your business, your license, or your family's respect can be paralyzing. The Rossen Law Firm works with individuals in South Florida who understand what they stand to lose. A thoughtful, strategic defense requires clarity, preparation, and discretion. Being charged does not define your future. But failing to respond strategically can. If you are facing statutory rape allegations in Fort Lauderdale, Miami, or anywhere in South Florida, taking decisive legal action now may be the difference between a temporary crisis and permanent consequences.