Fluke, Palma & Seiden, LLP | Criminal Defense Lawyers

Florida Sex Crimes Overview and Laws

Sex crimes are wide-ranging in nature, and the penalties they carry with a conviction also vary widely. However, one constant in this regard is that a conviction for any of these sex crimes will carry a lifetime of consequences for the convicted defendant. As a result, you need to understand some of the different types of crimes that can be committed and the consequences for each.

Sexual Battery (Rape)

Rape is the commission of non-consensual sexual acts towards another person, and the definition of rape is also wide-ranging. For instance, the technical legal term for rape in Florida is "sexual battery." There are many forms of sexual battery and most do NOT require the use of force. A touching of a sexual area combined with a lack of consent is enough to be charged with some form of sexual battery. In addition to a lengthy period of incarceration, sexual battery charges come with a Sexual Predator designation which will follow you for the rest of your life.

Statutory Rape Charge

Statutory rape, known in Florida as Lewd and Lascivious or L&L, is a charge that not only carries significant penalties, but the law is considered "absolute" in that the defendant's intent, or lack thereof, is not even relevant to the ultimate decision of whether or not that defendant is guilty. Basically, if a defendant has engaged in sexual conduct with a child under the age of majority, and that conduct is proven, the defendant is found guilty, regardless of whether he or she knew or even should have known that the child was under-aged. The age of consent in Florida is 18 years old in some cases, 16 in others where the potential defendant is younger than 24 years old.

The consequences of a conviction for any of these sex crimes is severe, and can include a prison term of many years, substantial fines and restitution, a permanent felony conviction on the defendant's record and in some cases the requirement for the convicted felon to register as a sex offender wherever he or she lives and/or works.

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