I had sex with my student, now she has filed a rape case against me. Can I take a defense that she is a prostitute?

Full question:

I am a teacher at a school in Florida. I used visit one of my students who is my neighbor and often had sexual intercourse with her. She has filed a complaint against me alleging that I raped her. My age is 40 and she is 16. I know she has had many boyfriends in the past and also had sexual relationships with some of them. Can I take a defense that she is a prostitute?

• Category: Criminal
• Subcategory: Statutory Rape
• Date: 04/07/2025
• State: Florida

Answer:

Fla. Stat. § 794.05 deals with unlawful sexual activity with certain minors. It reads as:
 

“(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.

(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.

(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.
 
***”

 Sexual intercourse with a 16 or 17 year old girl is a felony punishable up to 15 years imprisonment in Florida. Whether she is a prostitute or not will make no difference. Moreover, the victim's prior sexual conduct is not a relevant issue in a prosecution. So it is irrelevant that you take the defense that she is a prostitute as it will not mitigate the punishment per Fla. Stat. § 794.05.