preview

Arguments Against Statutory Rape

Decent Essays

Statutory rape refers to sexual relations involving a minor. People below the age of consent cannot legally consent to having sex. This means that sex with a minor violates the law. Statutory rapists do not have to use force, with the victim being so young it substitutes for force. The age of consent can very on the state. Statutory rape is prosecuted under Florida’s sexual battery and lewd and lascivious conduct laws. Penalties depend on the ages of the defendant and victim. The offense is broken into categories, and penalties vary depending on the circumstances of the crime. Unlawful sex with a minor involves sexual penetration between a minor who is 16 or 17 and an adult who is at least 24 years old. Penalties up to 15 years in prison and a 10,000 fine usually. Lewd and lascivious molestation includes sexual touching between a defendant and a minor. It is considered a 1st degree felony if the victim was younger than 12 and the defendant was 18 or older. Penalties include at least 25 years and up to life. If the victim is younger than 16 and the defendant was 17 or younger, penalties include at least 3 to 15 years in prison. …show more content…

For defendants 18 and older, penalties include two years and six months (and up to 15 years) in prison. However, the minimum punishment includes probation without jail time if the defendant is convicted of solicitation. If the defendant was younger than 18 years old at the time of the crime, penalties include two years and six months or up to five years in prison. The minimum punishment may include probation without jail time if the defendant is convicted of solicitation but no actual sexual contact. Adding to the delinquency of a minor may be charged when a defendant impregnates a minor as a result of a statutory rape. Penalties include at least two and up to six years in prison. (Fla. Stat. Ann. §794.05, 800.04, &

Get Access