Miami, Florida Statutory Rape Lawyer
Experienced Attorney Defending People Accused of Statutory Rape in Miami
Have you been accused of statutory rape? If so, you need to understand that it is an extremely serious charge which can result in penalties of up to life in prison if you are convicted. Statutory rape allegations can have lasting effects on your reputation and possibly even your employment options. The shame associated with this type of crime can make your day-to-day life extremely difficult. However, this may be avoidable.
Contact us or call 305-249-0090 now and schedule your free case consultation with our Miami statutory rape attorney.
What Is the Age of Consent in Florida?
In general, the age of consent is 18. However, there are some exceptions to the age of consent. Primarily, Florida applies these exceptions to persons with a disability. Another exception is the distinction between age of consent and legal age of consent. Under this distinction, a person 16 or 17 years of age can consent to sex with someone who is not older than 24.
In Florida, a person under the age of 24 will not be charged with statutory rape unless the 16 or 17-year-old is disabled or has not consented to the sex act. A person 18 or older who does not have a disability can consent to sex with a person of any age.
Statutory Rape in Miami FAQ
What Are the Potential Penalties for a Statutory Rape Conviction?
Penalties for statutory rape can be severe, including lengthy prison sentences, mandatory registration as a sex offender, fines, probation, and a permanent criminal record. The specific penalties depend on the age of the victim and the circumstances of the case.
Can Consent Be Used as a Defense in Statutory Rape Cases?
No, consent cannot be used as a defense in statutory rape cases in Florida. The law is based on the premise that people below the age of consent are not legally capable of consenting to sexual activities.
What Should I Do if I Am Accused of Statutory Rape?
If you are accused of statutory rape, it is crucial to seek legal representation immediately. A skilled attorney can help navigate the legal process, evaluate the details of your case, and develop a defense strategy aimed at achieving the best possible outcome.
How Can an Attorney Help in a Statutory Rape Case?
An attorney can provide crucial support by examining all evidence, challenging the prosecution's case, negotiating plea deals, and representing you in court. Our goal is to protect your rights and work towards minimizing or dismissing charges.
What Defense Strategies Are Available in Statutory Rape Cases?
Defense strategies may include questioning the credibility of witnesses, challenging the evidence, proving a lack of intent, or demonstrating that the accused reasonably believed the victim was of age. Each case is unique, so the ideal strategies will depend on the specific circumstances.
Why Is it Important to Have Legal Representation in a Statutory Rape Case?
Legal representation is vital due to the complexity and seriousness of statutory rape charges. Our experienced attorney understands the nuances of Florida's laws and can provide the guidance needed to navigate the criminal justice system effectively.
Why Choose The Hoffman Firm for Your Miami Statutory Rape Case?
Choosing the right legal representation for a statutory rape case in Miami is crucial due to the complexity and sensitivity involved.
The Hoffman Firm stands out as a premier choice for several compelling reasons:
- Extensive Experience: With years of handling statutory rape cases, The Hoffman Firm brings a wealth of knowledge and experience to each case, ensuring that you will have informed and effective legal representation.
- Proven Track Record: Our firm has a history of favorable outcomes, showcasing our commitment to achieving the best possible results for our clients through strategic and skilled advocacy.
- Personalized Approach: Understanding that each case is unique, The Hoffman Firm provides tailored legal strategies that align with the specific needs and circumstances of each client.
- Client Confidentiality: Prioritizing the privacy and confidentiality of our clients, we provide a safe and secure environment to handle sensitive legal matters with discretion and care.
- In-depth Knowledge of Florida Law: Equipped with a comprehensive understanding of Florida's legal system, our attorney is well-prepared to navigate the intricacies of statutory rape cases effectively.
- Strong Advocacy: Dedicated to protecting client rights, The Hoffman Firm offers vigorous defense and steadfast representation throughout the legal process, ensuring that every client receives the support they need.
- Compassionate Support: Recognizing the emotional challenges involved, we provide empathetic and supportive legal counsel, making clients feel understood and supported during difficult times.
- Strategic Defense Planning: Utilizing innovative defense strategies, our firm excels at challenging evidence and negotiating favorable outcomes, always aiming to minimize the impact on our clients' lives.
How Is Statutory Rape Defined in Florida?
Florida Code §794.05 defines statutory rape as engaging in sexual activity with a person who is younger than the legal age of consent. Under Florida law, a child under 16 years of age cannot consent to sexual activity, regardless of the age of the defendant. A child who is at least 16 years of age and less than 18 years of age cannot consent to sexual activity if the defendant is 24 years of age or older.
Statutory rape is a second-degree felony punishable by 15 years in prison or 15 to 40 years or life in prison for habitual offenders. If the victim dies as a result of statutory rape, the death penalty may apply.
Unlike other sexual assault cases, consent is not a factor with statutory rape, because the victim is considered incapable of giving consent, consequently removing it as a possible defense.
Statutory rape is also different from other rape crimes because the victim is not required to press charges. Charges may be brought by the state.
Statute of Limitations for Statutory Rape in Florida
In the state of Florida, the statute of limitations for statutory rape is three (3) years. This means that victims must file and bring forth any charges within three years for the statutory rape charges to be valid and subject to prosecution. If you are facing charges of statutory rape, ignorance of the victim's real age is not enough to keep you out of jail. You need to have an experienced attorney working for you during your defense.
Contact Our Miami, FL Statutory Rape Defense Attorney
If you have been accused of a sex crime, it is vitally important that you consult with an experienced Miami statutory rape attorney, not only to avoid the possible penalties, but also to help prevent your reputation and standing in the community from being ruined. At The Hoffman Firm, we know how to help you fight the charges and obtain the best possible outcome.
Call 305-249-0090 or contact our firm online to schedule a free consultation with our Miami statutory rape lawyer.



