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Top Statuary Rape Defense Attorney Jason Cromey, Esq. on:
Unlawful Sexual Activity with Certain Minors: F.S. 794.05

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Unlawful Sexual Activity with Certain Minors – Florida has various forms of sexual abuse crimes. The exact charges vary based on the age of the child victim, the age of the defendant, the relationship between the victim and the defendant, and the form of sexual contact between the victim and the defendant.

• 794.05, Florida Statutes, defines the crime of unlawful sexual activity with certain minors. This crime involves victims who are 16 or 17 years old and a defendant who is 24 years old or older. This crime, known as Unlawful Sexual Activity with Certain Minors, is a second-degree felony and is punishable by up to 15 years in prison, a $10,000 fine, or both.

To prove this crime, the government must establish the following:

1. The alleged victim was 16 or 17 years old;
2. The defendant was 24 years of age or older;
3. The defendant committed an act with the victim in which the sexual organ of the defendant or victim penetrated or had union with the mouth, vagina, or anus of either the victim or the defendant, or the defendant committed an act with the victim in which the anus or vagina of the victim or defendant was penetrated by an object.

Like all statutory rape in Florida, this crime does not allow defendants to argue that they did not know the victim’s age. For example, if you are out at a club and a 17-year girl with fake ID winds up taking an interest in you, the fact that you thought she was 21 when you two later slept together will not constitute a defense to this charge. However, at sentencing, you can attempt to avoid a prison sentence by explaining to the judge that she was a willing participant in the crime, also known as a “downward departure” sentence. An example of a defense to this charge is that the victim was an emancipated minor (or legally declared no longer a child).

All statutory rape cases like these can present complicated issues and, if convicted, will result in your designation as a sex offender or sex predator. Often, proving to the court that you are not a child molester or at risk of reoffending will require a psychiatrist, psychologists, and polygraph examinations. Based on the severity of the charges and the complexity of the issues, it is important to hire a seasoned and experienced criminal attorney.