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Brooksville, FL 34601

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Statutory Rape

Consent is a major issue in many cases of alleged rape (referred to under state law as sexual battery, but commonly referred to as sexual assault in other jurisdictions) in Florida, but consent is essentially a non-issue when an alleged offender is accused of engaging in sexual activity with a minor. A child less than 18 years of age cannot legally consent to sexual activity, although state law does provide exceptions for minors who are 16 or 17 years of age who consensually agree to sexual activity with people no older than 23 years of age.

When an alleged offender is accused of a statutory rape offense in Florida, that individual could face any one of a number of different criminal charges. In most cases, these alleged crimes are felony offenses that can result in lengthy prison sentences and significant fines.

Attorney for Statutory Rape Arrests in Brooksville, FL

If you were arrested or believe that you might be under investigation for an alleged statutory rape anywhere in Central Florida, it is in your best interest to not make any kind of statement to authorities without legal counsel. Ashley M. Aulls, P.A. aggressively defends clients accused of sexual offenses in communities all over Pasco County, Sumter County, Citrus County, and Hernando County.

Brooksville criminal defense lawyer Ashley Aulls can fight to help you achieve the most favorable outcome to your case, including possibly having criminal charges reduced or dismissed. Call (352) 593-4115 today to have our attorney review your case and help you understand all of your legal options during a free, confidential consultation.


Florida Statutory Rape Information Center


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Statutory Rape Charges in Hernando County

Florida does not have a single state law that governs all alleged statutory rape offenses. Alleged offenders who are accused of one of these types of crimes will instead be charged with one of the following offenses, depending on the ages of the alleged offender and the alleged victim.

It is important to note that both “sexual activity,” as defined under Florida Statute § 794.05, and “sexual battery,” as defined under Florida Statute § 794.011(h), mean “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,” although neither definition includes acts done for bona fide medical purposes.

  • Unlawful Sexual Activity with a Minor — Under Florida Statute § 794.05, it is a second-degree felony if an alleged offender 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age;
  • Lewd or Lascivious Battery — Florida Statute § 800.04(4) makes it a second-degree felony if an alleged offender engages in sexual activity with a person 12 years of age or older but less than 16 years of age. This offense becomes a first-degree felony if an alleged offender 18 years of age or older was previously convicted of a violation of first-degree felony kidnapping or third-degree felony false imprisonment when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery against the minor or a lewd act under Florida Statute § 800.04 or Florida Statute § 847.0135(5); life felony kidnapping upon a child under the age of 13 when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; first-degree felony false imprisonment upon a child under the age of 13 when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age; lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; lewd or lascivious exhibition using a computer; or any violation of Chapter 794 of the Florida Statues, excluding Florida Statute § 794.011(10).
  • Sexual Battery — Under Florida Statute § 316.192, it is a life felony if an alleged offender less than 18 years of age commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age. If an alleged offender 18 years of age or older commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age, the same statute makes the crime a capital felony.

In addition to the crimes above, alleged offenders in these cases could also face any one of a number of additional charges, such as the felony offenses of solicitation of a child or traveling to meet minor.


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Brooksville Statutory Rape Penalties

Because statutory rape crimes are felony offenses in Florida, convictions can have very steep consequences. Sentences will depend on the grade of the underlying offense, and may include any of the following:

  • Second-Degree Felony — Up to 15 years in prison and/or fine of up to $10,000;
  • First-Degree Felony — Up to 30 years in prison and/or fine of up to $10,000;
  • Life Felony — At least 30 years up to life in prison and/or fine of up to $15,000; and
  • Capital Felony — Punishable by the death penalty.

People who are convicted of statutory rape can also be required to register as sex offenders. In 2007, the Florida legislature enacted the so-called “Romeo and Juliet Law,” which allows for alleged offenders who were no more than four years older than alleged victims 13 years of age or older but younger than 18 years of age at the time of alleged offenses to petition or make motions to the court to remove the requirement to register as sex offenders.


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Florida Resources for Statutory Rape Offenses

What You Need To Know About Statutory Rape | NoBullying — NoBullying.com identifies itself as “an online forum aimed at educating, advising, counselling and all importantly, helping to stop bullying, in particular, cyber bullying.” On this section of its website, you can learn more about Florida statutory rape laws and penalties as well as sex offender registration requirements. You can also learn more about the discrepancies in sentencing between males and females in these cases.

"Romeo and Juliet" Law | The Florida Senate — View a Florida Senate brief that discusses the state’s “Romeo and Juliet” law that was created during the 2007 Legislative Session. The brief explains that concerns regarding the application of the sex offender registry to “Romeo and Juliet”-type relationships were raised by several members of the Senate Criminal Justice Committee during the prior Legislative Session, but legislation was not filed until 2007 because of pending federal legislation (Adam Walsh Act) that would have affected Florida’s sexual offender and predator registry laws. You can view a comparison between the provisions of Florida and other states as well as a map showing how many petitions for the removal of the requirement to register as a sex offender were granted as of July 2011.


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Ashley M. Aulls, P.A. | Brooksville Statutory Rape Defense Lawyer

Do you think that you could be under investigation or were you already arrested in Central Florida for an alleged statutory rape? Even if you know for a fact that you are innocent, you should still say nothing to authorities until you have contacted Ashley M. Aulls, P.A..

Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents individuals all over the greater Hernando County area, including Weeki Wachee, Wildwood, Brooksville, Inverness, New Port Richey, Spring Hill, and several other nearby areas. You can have our lawyer provide a complete evaluation of your case as soon as you call (352) 593-4115 or fill out an online contact form to receive a free initial consultation.


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This website was created solely for general information purposes. It is not intended to provide official legal counsel for any situation. Only a licensed attorney in Florida can provide you with official legal guidance after learning the details surrounding your case. Contacting Ashley M. Aulls, P.A. through e-mail, fax, phone, or other medium, does not form an attorney-client relationship.