She Said She Was 22

• Mar 27 2019

A person’s statement about age does not necessarily provide a defense to a Florida sex-crime charge. The correct analysis depends on both people’s ages, the conduct alleged, any position of authority, and the particular statute.

Florida uses different age-based offenses

Section 794.05 addresses sexual activity by a person age 24 or older with a person who is 16 or 17. Conduct involving a person under 16 requires separate analysis under section 800.04 and other applicable laws. Sexual battery, exploitation and offenses involving authority relationships may apply independently. It is inaccurate to say that every sexual relationship between an adult and anyone under 18 is automatically the same statutory offense.

Consent and mistake about age are not interchangeable defenses. Some statutes expressly exclude consent, ignorance of age or a misrepresentation of age as defenses. Meeting at an adult venue or being told that someone is older does not, by itself, resolve criminal liability. An attorney must examine the exact charge and evidence.

“Romeo and Juliet” relief is not automatic

Section 943.04354 provides a limited court process for relief from sex-offender registration when all statutory requirements are met. Qualifying age differences, the age of the younger person, the offense, the basis for registration and the other statutory conditions must be examined. The court must grant the applicable relief; a close age difference does not automatically eliminate registration.

This provision is not a general defense to the underlying charge and does not make otherwise unlawful sexual conduct lawful.

Defending an age-related sex-crime charge

A defense may involve the statutory elements, reliable proof of age and identity, communications, witness credibility, the alleged conduct and the lawfulness of the investigation. A case is not automatically weak simply because it turns on conflicting accounts; testimony can be evidence. We examine the full record and any available defenses rather than assuming an accusation proves guilt.

A conviction can carry imprisonment, registration and other serious consequences, depending on the exact offense and circumstances. Our sex-crime defense team can explain the charge, potential penalties and available options.

Contact Valiente Law for a confidential case evaluation if you are being investigated or charged.

Posted in: Sex Crimes