Full question:
0000000000000000I have a daughter who is 16 year old. I work in a private firm in Florida, and my work keeps me away from home most of the days. Last week the neighbor’s son who is 24 year old, came to my house in my absence and lured my daughter to have sex with him. Now the neighbor’s son says that he had consented sex with my daughter so he alone is not responsible for this. Is that true? Even if my daughter gave consent, can my neighbor’s son be still punished?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: Florida
Answer:
In Florida, it is unlawful for someone aged 24 or older to engage in sexual activity with someone aged 16 or 17. Florida Statue § 794.05 provides that Unlawful sexual activity with minors by a person 24 years of age or older is a punishable offense. Fla. Stat. § 794.05 reads:“(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.”
Furthermore sub-section (3) of § 794.05 provide that:
The punishment for felony of the second degree offenses is given in Fla. Stat. § 775.082, subsection (3) (d) which states:
“(3) A person who has been convicted of any other designated felony may be punished as follows:
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(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.”
Fla. Stat. § 775.083 sub-section (1) provides the amount that an offender may be sentenced to pay as a fine in addition / in lieu of the punishment for a second degree felony.
“(1)A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
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(b) $ 10,000, when the conviction is of a felony of the first or second degree.”
In this scenario, the neighbor’s 24 year old son had sex with a 16 year old girl. Thus, the neighbor’s son may be charged for committing a felony of second degree for engaging in sexual activity with a 16 year old. Furthermore, the consent of the 16 year old may not be relevant in the prosecution of the neighbor’s son under Fla. Stat. § 775.082. The court may punish the neighbor’s son under Fla. Stat. § 775.082 & § 775.083 respectively.
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.
