Can Consent Be Used as a Defense Against Statutory Rape Charges in Florida?

 Posted on July 09, 2025 in Sex Crimes

If you have been charged with statutory rape, you need to speak with an experienced Fort Lauderdale, FL statutory rape defense lawyer immediately. Consent is not a viable defense, and you could face severe penalties, including up to life in prison, depending on the circumstances of the case. Your attorney will ensure that your rights are protected and help you build a strong defense.

What Does Statutory Rape Mean Under Florida Law?

Florida Statutes § 794.05 refers to statutory rape as "unlawful sexual activity with certain minors." It involves engaging in sexual activity with someone who is younger than 18, the legal age of consent. According to this law, sexual activity with a minor under 16 is unlawful regardless of the offender’s age. With a minor who is 16 or 17, it is unlawful if the offender is 24 years of age or older.

Florida statutes reflect an intent to protect younger individuals. However, it is important to understand that the law criminalizes the conduct itself, regardless of the nature of the relationship or any mutual feelings involved.

What Are the Possible Defenses for Statutory Rape in Florida?

Depending on the facts in your case, you can explore several possible defenses for statutory rape with your attorney. Some common approaches include:

• Romeo and Juliet defense: Under Florida Statute 943.04354, you may qualify for relief from mandatory sex offender registration if the sexual activity was consensual and the age gap does not exceed four years. While this does not erase a conviction, it can reduce long-term consequences.

• No sexual activity occurred: If the prosecution lacks sufficient evidence to prove that sexual activity took place, you may have a strong upper hand in the case.

• False accusation: If the allegations are false, an attorney can investigate the motives behind the accusation and gather evidence to disprove the claims.

While this is not generally used as a defense, you may be able to claim that you did not know the victim’s age. Florida law typically prohibits using ignorance or mistaken belief about age as a defense. However, if there is enough evidence to show that you had a reasonable belief that the alleged victim was of legal age, it could be useful.

What Are the Penalties if Convicted of Statutory Rape in Florida?

The specific penalties for a statutory rape charge depend largely on the ages of the involved parties and the circumstances of the case. For example, if you are 18 years or older and the victim is under the age of 12, you could face life in prison. The penalty is up to 15 years in prison if you are 18 or older and the victim is 12-15 years old. The possible sentence is the same if you are 24 or older and the victim is 16 or 17. Repeat offenders can face 15 years to life in prison.

Other possible penalties include fines, community service, and mandatory counseling. A statutory rape conviction would also mean that you would have to register as a sex offender. As a result, you may deal with social stigmas and struggle to find employment and housing. When facing these charges, the stakes are too high not to work with an experienced lawyer who can fight for the best possible outcome.

Talk to a Broward County, FL Statutory Rape Defense Attorney Today

If you have questions about how to challenge a statutory rape charge, an experienced and aggressive Fort Lauderdale, FL statutory rape defense lawyer can help. This charge is too serious to face alone. Call 954-524-4474 to schedule a free consultation and discuss your defense.