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:
- State: Florida
Answer:
According to Fla. Stat. § 794.05, a person 24 years or older who engages in sexual activity with a person aged 16 or 17 commits a second-degree felony. This is punishable by up to 15 years in prison. The law defines "sexual activity" broadly, including various forms of penetration.
Importantly, the law states that the victim's prior sexual conduct is not relevant in these cases. Therefore, claiming that the victim is a prostitute will not affect your legal situation or reduce the potential punishment. The focus will be on the age difference and the nature of the relationship, not the victim's past.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.