Florida Sex With a Minor Defense Lawyers
Florida has tough laws against statutory rape (sex with a minor). Neither mistake of age, consent of the victim, or false statements by the victim regarding age is a defense to a charge of statutory rape in the state of Florida.
- Florida Statute § 794.05 makes it a crime for a person 24 years of age or older to engage in sexual activity with a person 16 or 17 years of age. Sexual activity is defined as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another." A violation of statute § 794.05 is a second degree felony.
- Florida Statute §794.011(5) (as clarified by statute §794.005) makes it a crime for an adult or minor to commit a "sexual battery" upon a person who is between the age of 13 and 17. Sexual battery as used in this statute does not require the use of force and is substantially similar to the definition of sexual activity under statute § 794.05. A violation of statute § 794.011(5) is a second degree felony.
- Florida Statute § 704.011(2)(a) makes it a capitol felony for an adult to commit a sexual battery of a child under age 12; Florida statute § 704.011(2)(b) makes it a life felony for a person under age 18 to commit a sexual battery upon a child under age 12.
If you have been charged with statutory rape, contact the Law Offices of Mark L. Horwitz in Orlando, Florida. We offer a team of experienced, skilled and committed defense attorneys who are ready to provide the strong defense you need.
You Need a Skilled Trial Lawyer
Since Florida law does not allow a defendant to raise a defense of consent or mistake of age, the prosecution is really only required to prove two things to obtain a conviction in a statutory rape charge. First, the prosecution must prove the ages of the parties at the time of the alleged offense. Second, the prosecution must show that the defendant engaged in sexual activity with the alleged victim that constitutes sexual conduct or sexual battery (including consensual oral, vaginal or anal penetration).
Typically, the prosecution will not have significant difficulty establishing the age of the defendant and the minor at the time of the alleged offense. Thus, most statutory rape cases that go to trial hinge on one simple issue: Did the defendant engage in sexual contact with the alleged victim?
Given the nature of statutory rape charges, many defendants choose not to take their case to trial. That person still needs a skilled trial lawyer. Even in cases where the defendant wishes to resolve his case by plea agreement, he needs a skilled trial lawyer who has gained the respect of the prosecutor. Prosecutors may be more inclined to be reasonable if a defendant is represented by a skilled trial lawyer who is thoroughly prepared to take a case to trial and raise a strong defense.
Former Prosecutor | Board Certified Criminal Trial Lawyer
As a client of our firm, you can be confident that you will be represented by an experienced and skilled defense lawyer. Our founding attorney, Mark Horwitz, is a former prosecutor and Board Certified Specialist in Criminal Trial Law*. His reputation in the legal community resulted in his selection to the American College of Trial Lawyers, which is widely considered to be the premier professional organization in America for trial lawyers.
Contact Our Orlando-Tampa-Daytona Beach Sex Crimes Lawyers
We defend clients throughout Florida who have been charged with sex crimes, including statutory rape. To schedule a consultation with one of our Orlando statutory rape defense lawyers, call 407-401-7224 or 866-784-0023. You may also contact us by e-mail.
*Board Certified Specialist in Criminal Trial Law, Florida Bar Board of Specialization and Education since 1988
*Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy since 1983
