Statutory Rape

I just found out my daughter (16) is having sex with a College kid (19). Is this criminal? What are the laws in Florida?

[This message has been edited by Brucie (edited October 26, 2000).]

reposted



[This message has been edited by LadyBlu (edited October 26, 2000).]

reposted correct statute

[This message has been edited by LadyBlu (edited October 26, 2000).]

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brucie:
[b]I just found out my daughter (16) is having sex with a College kid (19). Is this criminal? What are the laws in Florida?

[This message has been edited by Brucie (edited October 26, 2000).][/b]<HR></BLOCKQUOTE>

My response:

The following law is strictly for the State of FLORIDA, only. It is a very liberal law, and not one that is typical of most States.

794.05 Unlawful sexual activity with certain minors.--
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.
(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(3) The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
History.--RS 2598; s. 1, ch. 4965, 1901; GS 3521; s. 1, ch. 6974, 1915; s. 1, ch. 7732, 1918; RGS 5409; s. 1, ch. 8596, 1921; CGL 7552; s. 1, ch. 61-109; s. 759, ch. 71-136; s. 1, ch. 96-409.

For the sake of clarification, this statute means that if a person is less than 24 years old, they may enter into sexual contact with a person who is at least 16 years old; hence, there is no rape.

IAAL


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reposted correct copy

[This message has been edited by LadyBlu (edited October 26, 2000).]

[I AM ALWAYS LIABLE]

My response to LadyBlu:

The dispositive phrase in your citation of law is, "without consent". In this father's scenario, it is presumed that his daughter is consenting to the sexual contact. The age of consent in Florida is 16. Since his daughter is 16, and she is consenting, there is NO crime.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited October 26, 2000).]

[QUOTE]Originally posted by LadyBlu:
[B] Yes it is considered a felony in FL:
here is the link, [url="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0794/SEC011.HTM&Title=-&gt;2000-&gt;Ch0794-&gt;Section%20011"]http://www.leg.state.f l.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0794/SEC011.HTM&Title=-&gt;2000-&gt;Ch0794-&gt;Section%20011[/url]


The 2000 Florida Statutes

Title XLVI
CRIMES Chapter 794
Sexual Battery View Entire Chapter
(b) Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

The 2000 Florida Statutes

Title XLVI
CRIMES Chapter 794
Sexual Battery View Entire Chapter

794.011 Sexual battery.--

(1) As used in this chapter

h) "Sexual battery" means 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; however, sexual battery does not include an act done for a bona fide medical purpose.

I am sorry IAAL, I was posting as you were and didnt see your reply. Is the repost (my previous one) correct though?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b]I am sorry IAAL, I was posting as you were and didnt see your reply. Is the repost (my previous one) correct though?[/b]<HR></BLOCKQUOTE>

My response:

Unfortunately, no. If you look at the entire scheme of the codes that you posted, it talks about "consent", or the failure to obtain "consent." Your post would have been correct but for the fact that the age of consent in Florida is, in fact, 16 years of age. Therefore, the Statute that I have posted is correct in this father's scenario.

Remember, in your quoted law, it is talking about battery. You can't have battery unless there is "consent". This young lady is obviously consenting to the sexual contact with the young man.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."