Florida Age of Consent & Statutory Rape Laws
Age of consent reform is efforts to change age of consent laws. Proposed reforms typically . Previously aggravated child molestation (at any age) carried 10–20 years imprisonment regardless of the age difference between the victim and offender. . Some Romeo and Juliet laws (such as the law in Michigan and Florida) do. If teens are having sex, and you live in a state where prosecutors enforce the law, it's possible that your son could be charged with statutory rape. Florida Statute Title XLVI Crimes Chapter Sexual Battery - Unlawful sexual activity with certain minors. This law makes it a felony for anyone 24 years .
Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor.
Age of consent reform
However, there are still restrictions in some states about the type of sexual activity that is permissible, such as oral sex and sodomy, as well as restrictions on relationships involving a minor and a person of authority, including teachers, coaches, or tutors. All states have special provisions if any physical force was used or serious physical injury resulted. Until recently, statutory rape laws applied only to females, ignoring situations involving sex between an adult female and underage male.
Today, most laws are gender neutral, and a number of women in authority positions such as Mary Kay Letourneau, Debra Lafave, Pamela Rogers Turner, and Pamela Smart have been prosecuted for engaging in sexual relationships with younger males.
Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.
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One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released.
Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.
The laws are designed to protect young people who have less information and power than their and-over counterparts.
Age of consent reform - Wikipedia
For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant. Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child. And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. Basant said he considered "illogic al " that a legal system in which an age of 18 is used for other purposes — like the Indian Majority Act, the Contract Act, the Juvenile Justice Actthe Child Marriage Restraint Act and the Representation of People Act — has a different approach in the case of sexual consent.
Ages of consent in the United States Over the course of American history, the most commonly observed age of consent was 10 years.
In37 states had an age of consent of 10 years while 10 states kept an age of consent at 12, and Delaware maintained its age of consent at seven years, having lowered it from 10 in As of August 1,the age of consent in each state in the United States was either 16 years of age, 17 years of age, or 18 years of age. Georgia was the most notoriously resistant state to raising its age of consent in the early s.
Georgia's age of consent was 10 untiland even then the age of consent was only raised to Stateaggravated child molestation was reduced to a misdemeanor with a maximum of one year in prison if the offender was under 19, the victim was either 14 or 15 years old, and the offender is no more than 48 months older than the victim.
Georgia penal code, Previously aggravated child molestation at any age carried 10—20 years imprisonment regardless of the age difference between the victim and offender. Kentucky[ edit ] In in Kentucky Representative JR Gray sponsored legislation in the state legislature that passed making it a felony for a teacher to have sex with a student under the age of He also discussed the possibility of raising the age of consent from 16 to 18 but a bill was not produced for that.
Underage Dating Laws in Florida
If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines. The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person", as well as electronically transmit any depiction of such an act.
For repeat offenders, the minimum 10 years and the maximum is life imprisonment. This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age. A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex.
However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v. State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception.
At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Inthe Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time.
- Ages of consent in the United States
- What Are the Dating Laws in the State of Florida?
- My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that.
There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older. Avery Chumbleya member of the Hawaiian Senatehad made efforts to raise the age of consent. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape.
This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age. Like Lewd Conduct above, this law does not discriminate by gender.
There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault.