Mutual consent is a key component of any intimate encounter. Both parties have to be sober enough to agree to the interaction. They should enter into their arrangement without any type of coercion or duress affecting their decision-making.
Certain circumstances can limit or eliminate the ability to provide consent. Being relatively young is one of the situations that can prevent one person from consenting to a sexual encounter, especially if their partner is older and more mature than they are. State authorities could pursue an unlawful sexual contact or statutory rape charge.
When are people at risk of prosecution for statutory sexual offenses?
When the other partner is under 18
Florida has a relatively high age of consent. Technically, only adults can consent to sexual activities under state statutes. Anyone who is over 18 and becomes intimate with a minor is potentially at risk of felony prosecution even if their partner provides them with enthusiastic consent.
In fact, even underage teenagers can be at risk of prosecution if they have a relationship with another minor. If the underage partner is younger than 14, the penalties possible are more severe.
The state does have a “Romeo and Juliet” statute that allows the court to consider the partners’ proximity in age and other mitigating factors when hearing a case that involves two underage partners. Young adults who violate the law may be able to avoid registering as a sex offender, but they could still face criminal prosecution.
Pleading guilty to a sex crime related to having an underage partner could lead to lasting consequences, including the need to register as a sex offender. Those accused of a statutory violation need to discuss their situation with a skilled legal team to determine the best way to defend themselves.