Fort Lauderdale, FL Statutory Rape Attorney

Lawyer for Charges of Sexual Offenses Against Minors in Fort Lauderdale, Florida

Allegations of sexual conduct involving minors can lead to incredibly serious criminal charges. Since minors are considered to be incapable of giving consent to engage in sexual conduct, adults could face criminal charges even if they believe that activities were consensual. There are several offenses that may fall under this category, and they are often referred to as statutory rape. These cases are often treated harshly in the legal system, and people accused of these offenses may face lengthy prison sentences, sex offender registration, and other severe penalties.

Because of the impact that accusations of statutory rape can have on a person, legal help from a skilled lawyer is essential. The team at The Hoffman Firm works with people in Fort Lauderdale who have been accused of statutory rape or other sexual offenses involving minors. He can provide the representation needed to help protect clients' rights and reputations.

Understanding Statutory Rape and Related Offenses

Florida does not use the specific term "statutory rape" in its criminal code. Instead, sexual activity between adults and minors is prosecuted under a range of statutes, and the specific charges may depend on the age of the alleged victim and the nature of the alleged conduct. Potential Offenses may include:

Sexual Activity With a Minor

Under Florida Statutes § 794.05, a person who is 24 years old or more may be charged with this offense based on allegations that they have engaged in intercourse or sexual activity with someone who was 16 or 17 years old. Second-degree felony charges may apply in these cases, and the maximum prison sentence is 15 years.

Indecent Touching of a Minor

Under Florida Statutes § 794.051, a person who is 24 years old or more may be charged with this offense based on allegations that they touched the private parts of a person who was 16 or 17 years old or the clothing covering these body parts in a way that was considered to be lewd or lascivious. Third-degree felony charges may apply in these cases, and the maximum prison sentence is five years.

Lewd or Lascivious Battery

Under Florida Statutes § 800.04(4), an adult may be charged with this offense based on allegations that they engaged in sexual intercourse or other sexual activity with a child between the ages of 12 and 16. Second-degree felony charges may apply in these cases.

Lewd or Lascivious Molestation

Under Florida Statutes § 800.04(5), an adult may be charged with this offense based on allegations that they touched the private parts of a person who was under the age of 16 or the clothing covering these body parts in a way that was considered to be lewd or lascivious. In cases where the alleged victim was over the age of 12 but below the age of 16, an offense will be classified as a second-degree felony. If the alleged victim was younger than 12 years old, the maximum sentence may increase to life in prison.

Lewd or Lascivious Conduct

Under Florida Statutes § 800.04(6), an adult over the age of 18 may be charged with this offense based on allegations that they touched a child under the age of 16 in a lewd or lascivious manner. Second-degree felony charges may apply.

Defense Strategies in Statutory Rape Cases

Cases involving accusations of statutory rape can be emotionally charged, and they will often involve sensitive allegations and evidence. By thoroughly investigating the circumstances of the accusation, our attorney can identify the defenses that may be available, including:

• Lack of Evidence: Prosecutors must prove that the alleged conduct occurred beyond a reasonable doubt. If there is no physical evidence, no eyewitnesses, or inconsistent statements from the alleged victim, our lawyer may argue that the prosecution has not met its burden of proof.
• False Accusations: In cases involving custody disputes, family conflicts, or other situations where someone may have underhanded motives for making accusations of statutory rape, our attorney can investigate the motives and credibility of accusers. He may use expert testimony and witness interviews to challenge the reliability of the accuser's claims.
• Illegal Search or Seizure: If the evidence used in a case was obtained through an unlawful search of a person's electronic devices, home, or other personal property, our lawyer may file motions to suppress that evidence, which may weaken the prosecution's case.

Contact Our Fort Lauderdale Statutory Rape Defense Lawyer

Because of the serious nature of cases involving statutory rape or other offenses involving minors, immediate legal assistance from a skilled defense attorney can help ensure that criminal charges will be addressed correctly. With early and effective representation from the lawyer at The Hoffman Firm, people accused of these offenses can develop effective defense strategies. To set up a free consultation and get legal help with sensitive criminal charges, contact our Fort Lauderdale, FL statutory rape defense attorney at 954-524-4474.