rhode island family law attorney

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intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of a Florida sexual offense law, an adult is defined as someone aged 24 or older. A minor is defined as anyone under the age of 18.

* Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - unlawful sexual activity with certain minors. This law makes it a crime for every 24 years or older to sex with a 16 or 17 years old. Ignorance of age is not a defense for this crime.

QUESTION: Does that mean that anyone aged 18 to 24 can have sex with minors under 18 years?

ANSWER: No it does not.

* Florida Statute Title XLVI Crimes Chapter 800 Lewdness, Indecent Exposure - 800.04 lewd or lascivious offenses committed on or in the presence of persons under 16 years: The law makes it a crime of the second degree for "A Man" " 18 years or older to engage in sexual activity with a person 12 years old or older but less than 16 years.

* Florida Statute Title XLVI Crimes Chapter 827 Abuse of Children 827.04 contribution to the delinquency or dependency of a child, states that a person 21 years old or older impregnated with a child under 16 years of age commits an act of child abuse, the a crime of the third degree.

Statutory rape laws are to protect young people.

Knowing that jail time is a possible consequence deters many (but unfortunately not all) of adults sexually with minors. If the law on a minor has been committed to the protection in the form of punishing the offender, usually with a crime.

Problem is that most young people who have sexual relationships with adult victims rarely feel and therefore not feel the need for protection. As a result, parents who suspect their children are sexually active with older adults facing a dilemma. When they report their suspicions to the authorities, the report sets in motion a long and complicated legal procedures, which are usually alienated from their children.

If they do not report their suspicions, they may feel they have not in one of their most important tasks as parents protect their children from potential danger.

Did you suspect statutory rape?

If you are a parent and suspect that your minor child sexually with an adult you have every right to decide how to handle the situation. Depending on your child maturity, you may decide to speak openly about the possible consequences and then allow some time for them, a resolution on.

Or do you consider it necessary to take legal action. If this is the case, start gathering evidence of the relationship now. Read to your child, journals, dairies, SMS and e-mail records and copies of all relevant information, especially anything from before your child has a chance to destroy evidence. If you think there is evidence of a computer, make sure a backup copy of your hard drive, too. If you do not know how to do that, find someone who does not.

Reporting statutory rape in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start with the reporting of suspected statutory rape violation of the Sheriff's Office or local police. On the basis of the evidence, the law enforcement agencies usually either insufficient dismissed the case, if proof is provided, place the case, resources devoted to, or an investigation immediately.

An investigation includes the collection of names and the questioning of all parties, including witnesses and following up on leads and any new information learned as a result of the survey are. A review of all evidence is also required.

If this investigation is unclear, the case is likely to be dropped in this phase. However, if the investigation finds that a violation of Florida law rape took place, the case is forwarded to the appropriate district office of the Prosecutor for the prosecution.

Once under the jurisdiction of the Prosecutor, Prosecutor's sworn testimony from all witnesses. From there they will determine whether charges should be filed. If necessary, the specific costs are determined next. The district attorney's office then files a case with the clerk of courts, an action that marks the beginning of the phase of the prosecution.

Nobody wins in court

If all this sounds overwhelming, remember, there is a better solution. Keep the communication help if the statutory rape of the development in the first place. So do the right thing and speak openly, honestly and regularly with your child.

Written by Sarah Frances
Research Team
http://www.SexLaws.org

Sources: Florida Statutes and laws http://www.leg.state.fl.us
© 2008 Sexlaws.org