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SEX CRIMES

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Miami Statutory Rape Attorney

Florida Age of Consent Laws

Florida has 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.

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 convicted. Statutory rape allegations can have lasting effects on your reputation and possible 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.


Call (305) 928-1669, if you are in Miami, 954-737-3004 if your case is out of Broward County, now and schedule your free case consultation.


Statutory Rape Charges in Florida

Florida Code §794.05 defines statutory rape is defined 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.

Contrary to other rape crime provisions, 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 3 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 a good team of legal experts working for you as your defense.

If 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 your best possible outcome.


Call (305) 928-1669 if you are in Miami, 954-737-3004 if you are in Broward County, now or contact our firm online to get started.


Why Should You Hire The Hoffman Firm? Here Are a Few Reasons:

  • Client-Focused Representation
    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
  • Decades of Experience
    Attorney Evan Hoffman has over two decades of experience fighting for the accused.
  • Premier Criminal Defense Firm
    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
  • Proven Track Record
    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
  • Florida Former State Prosecutor
    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
  • Free Initial Consultation
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