How Old Does A Girl Have to Be To Lawfully Engage In Sex In Florida?
Generally, in Florida the age of consent is sixteen. There is, however, one important exception designed to protect seventeen-year-old girls from older men. If the man is twenty-five years or older, it is a crime for him to have sex with a girl seventeen years of age or younger. If both of the parties are juveniles and the sexual conduct is not the result of force, generally no crime is committed. In all instances where the victim is twelve years of age, it is a crime.
What Is Sexting?
In this the age of the Internet, sending or possessing an e-mail containing an image of a person under eighteen years of age engaged in sexual conduct is a crime. This practice is now particularly common among teenagers and can lead to criminal prosecution and categorization as a sexual offender. For example, if a fifteen-year-old boy or girl sends an e-mail to the other containing an image of either genitals or female breasts, a crime has been committed by both juveniles under the law of Florida. This is a major problem in that a minor (a girl seventeen) can send an improper image to her eighteen-year-old boyfriend and under existing Florida law, both are subject to prosecution.
If Teenagers Engaged in "Petting," or "Feel" Each Other Up, Is It a Crime?
The answer depends on the age of the teenagers. For example, if they are both fifteen years old, the answer is no. If the offender is eighteen years old and the victim is under sixteen, it is a crime. If the offender is nineteen years old and the victim is seventeen, and the conduct is consensual, it is not a crime. In this area of the law, specific acts and specific ages are important.
What Is Sexual Conduct?
Under Florida Child pornography statutes sexual conduct means actual or simulated intercourse, deviant sexual intercourse, bestiality, sadomasochistic abuse, lewd exhibition of genitals, actual physical contact with a person's clothed or unclothed genitals, pubic area or if the person is a female, her breasts with the intent to arouse or gratify the sexual desire of either party, including any act of sexual battery or simulated sexual matter.
What If a Girl Lies About Her Age?
In Florida, lack of knowledge of the child's age by law is not a defense. In Florida, you can meet an underage girl in a bar where she has used a false adult ID for entry and if you later engage in sex with her, your good faith belief that she was of age is not a defense. If you are contacted by police, they will often mislead you by implying you used force. When you admit to having sex and claim consent you are only incriminating yourself further. An underage partner cannot legally consent.
Is It a Crime for a Girl or Woman to Have Sex With Multiple Partners?
If the sexual conduct constitutes "sexual battery," for example, the girl is underage or if the woman has not voluntarily consented, or has been drugged or intoxicated or incapacitated against her will, it is a crime and the penalties are substantially increased. These types of charges often arise in the context of campus crimes or crimes involving teenagers or young adults commonly referred to as a "gang bang." There are occasions where this conduct is voluntary and the woman later feeling guilt or remorse falsely accuses her multiple partners.
Can a Man be Accused of Raping His Wife?
In Florida, unlike some other states, a man can be accused of committing rape (sexual battery) on his wife. Unfortunately, in the context of divorce proceedings, a woman may falsely accuse her husband of rape in domestic violence to get him arrested or out of the family home.
Can a Wife be Forced to Testify Against Her Husband?
Normally, the marital privilege can be claimed and a spouse cannot be forced to testify against the other spouse. However, if one spouse is accused of committing a crime against the other or the child of either, the privilege does not apply.
