Statutory Rape

[LLATWELL]

What is the name of your state? florida
after filing charges for statutory rape on a 15 girl by a 24 yr old man. I was told by the police that a investigator will be in touch as well as dept of family and children. how long will all this takes before the guy is in jail and how long will he be there?

 

[stephenk]

1. no one can tell until he is found guilty;
2. depends on the sentence he receives.

 

[dequeendistress]

Florida law 794.05 ---Unlawful Sexual Activity with Certain Minors~~Sexual Battery~~

Classified as a Felony in the second degree...


If found guilty, the offender can receive punishment ranging from Sections 775.082 thru 775.084 (depending on the circumstances)

Examples of sentencing:

Capital Felony: Death/life imprisonment with NO parole

Life Felony: 40 yrs to life

1st Degree Felony: 30 years $10,000

2nd Degree Felony: 15 years $10,000

If paternity is established the offender shall also be responsible for payment of child support.

I would suggest sexual assault counseling for the victim and the parent/guardian. This will probably be set for you by the courts/child protective service/dept of human service.

As far as how long will it take, I suspect that once the charges were filed the situation was not taken lightly and you can expect the process to begin (actually it already has) at any time.

 

[dequeendistress]

Did this information help?

 

[HomeGuru]

Did this information help?

**A: yes it did. Let me see, oh, give me a second, uh........ok, 24 minus 15 years, factor in the state of Florida, uh...ok, I choose death imprisonment.

 

[dequeendistress]

(carry the 3)

 

[HomeGuru]

(carry the 3)

**A: no way. I use fuzzy math and pretzel logic.

 

[LLATWELL]

yes, actually it is moving along, i was called at work yesterday before i left by an investigator on the case and my daughter and i went to his office to give recorded statements to go along with the written statements given to the officers the night before.
she actually gave more information and details to help the case than she did with the officers. he is being called in today for questioning, and so without his statement they have almost 25 counts of second degree felony charges. however the sad part is they told me honestly that from here it goes to the state attorney's office then they will question us again, the whole process could take awhile and even if he is sentenced he still could get off with probation. it just dont seem right. my daughter and our family deserve more justice than that. i was advised to get a restraining order which i am doing. the results of this horrible incident is ...........yesterday the doctor confirmed my 15 year old daughter is pregnant. he has destroyed her innocence and future and i want him to pay with his future as much of it as i can. it makes me sick to think he could be sentenced 3-5 yrs and get probation and never serve a day behind bars.

 

[HomeGuru]

Please clarify if the man was your daughter's boyfriend or not. It appears that he may have been an aquaintance if she may be 3-4 months pregnant from the rape.

 

[dequeendistress]

794.05 Unlawful sexual activity with certain minors.--

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.

The victim's prior sexual conduct is not a relevant issue in a prosecution under this section.
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.


**** he may only receive probation??? QUOTE he could be sentenced 3-5 yrs and get probation and never serve a day behind bars.[E]???