When it comes to defending against sex crimes, Florida’s “Romeo & Juliet Law” modifies the penalties for individuals involved in consensual sexual relationships with minors.
While the law does not excuse or condone such behavior, it does provide certain protections for defendants facing criminal charges. Individuals who have been accused of a sex crime with a minor need to understand how the law applies and when it may be used as a criminal defense strategy.
Our attorneys discuss the ins and outs of the Florida “Romeo & Juliet” law and its implications for those involved in statutory rape cases.
What is Statutory Rape?
Statutory rape is defined as a crime that involves sexual contact with a person who is under the age specified by law, commonly referred to as the “age of consent.”
Age of Consent
Statutory rape crimes can carry severe consequences as the law states that children under a certain age cannot consent to sexual contact because they lack the maturity necessary to consent to sexual acts.
The age of sexual consent is 18 in the state of Florida.
It is illegal for anyone to engage in sexual activities with a minor, defined as those under 18. Those who violate this law can be charged with statutory rape.
According to Fla.Stat. 794.05, it is illegal for someone over the age of 24 to have sexual contact with someone who is 16 or 17 years old. The caveat? Someone younger than 24 but older than 18 might be protected by the “Romeo & Juliet” law.
Note: Unlike in other sex-related crimes, consent by an underage partner is NOT a defense against statutory rape, unless the criteria for the “Romeo & Juliet” provision are met.
Demystifying Florida’s Romeo & Juliet Law
The “Romeo & Juliet” provision, which refers to Shakespeare’s star-crossed lovers and was put into law in 2007, aims to protect young people from the dishonor of being associated with statutory rape cases.
The stigma that follows the classification as a sex offender or sexual predator has lifelong consequences that can affect a young offender’s future employment, their ability to attend college, and many other opportunities.
The “Romeo & Juliet” provision offers protection for individuals who engage in consensual sexual activity with someone under the age of 18.
The law was created to recognize that people between the ages of 14 and 17 can often make mature decisions about engaging in sexual activities and should not be subjected to harsh punishment if prosecuted.
The basic premise is that this provision provides immunity from having to register as a sex offender when certain criteria are met.
Generally, this includes circumstances where:
- Both parties are close in age and are between the ages of 14 and 17
- The “victim” was no more than four years younger than the accused offender
- Both parties willingly engaged in consensual sexual activity
- Neither party has any knowledge of the other’s age at the time of engaging in sexual activity
- The offender does not have previous sex crimes on their record
If these conditions are met, then an individual may be eligible for protection under Florida’s “Romeo & Juliet” Law.
Statutory Rape Defense
Statutory rape is still a very serious offense and will require the advice of an experienced criminal defense attorney. Remember, the “Romeo & Juliet” law does not make sex with a minor legal; it simply prevents the accused person from having to register as a sex offender.
If convicted, the accused may still be subject to imprisonment and fines, so it is crucial to seek help with any sex-related charges to mitigate the consequences.
When invoked in court, the “Romeo & Juliet” provision may:
- Prevent the accused from having to register as a sex offender
- Reduce sentence lengths or fines
- Prevent the prosecutor from filing charges
- Allow the offender’s record to be expunged after serving their sentence
Does the Law Apply to Pre-2007 Sex Cases?
Although the “Romeo & Juliet” legislation in Florida was implemented in 2007, it is still applicable to incidents that took place before. In accordance with this clause, anyone who satisfies the qualifications may petition.
If your case occurred before 2007, and you want to petition to revoke your sex offender status, contact our skilled attorneys at Stechschulte Nell Law today. We will help you navigate the court process and maximize your chances of a favorable outcome.
Read More > Can a Juvenile Be Deemed a Sex Offender?
Skilled Florida Sex-Crime Defense
Having a skilled Florida defense attorney is essential for those facing sex crime charges. The “Romeo & Juliet” law, while providing certain exemptions, also carries with it challenges. It is important to have an experienced attorney who can navigate the complexities of this law and determine the best course of action.
From mitigation to other potential defenses, a skilled lawyer can make all the difference in a case involving sex crimes in Florida.
Wondering if you are eligible for the “Romeo & Juliet” provision? Reach out to our experienced sex crime defense attorneys at Stechschulte Nell Law for a case review at 813-280-1244. We are on your side.
