Until 2007, the state of Florida considered all sexual relations between a minor and a legal adult (over 18 years of age) as legal rape, even if the relationship was consensual. This required the adult concerned to register as a sex offender, which led to lifelong complications in finding housing, employment, or obtaining parental rights, among other things. While the Romeo and Juliet Act is meant to help young teens who have had consensual relationships, there is a fine line when it comes to the requirements. The age difference requirement is extremely strict, meaning there is no room for unique circumstances. There have been cases where a person has only been absent for a few days and has still not been able to file a petition under the Romeo and Juliet Act. If you are filing a motion under the Romeo and Juliet Act, you will need a lawyer by your side to plead your case and ensure you get a fair trial. At Mike G Law, we have experience protecting clients who meet the criteria of the Romeo and Juliet Act. If invoked in court, Romeo and Juliet`s Law can: However, your request to avoid sex offender registration may be denied even if you think you meet the criteria for protection. Here are some common reasons why a judge may dismiss your petition: In Florida, the age of consent to sexual relations is 18. The State considers that any person under the age of 18 is incapable of consenting to sexual activity.

It is important to note that the Romeo and Juliet Act does not allow an 18-year-old to have sex with a 15-year-old, but is only a provision that prevents the 18-year-old from registering as a sex offender. If you have been charged with legal rape or another sex crime, you must hire a qualified lawyer by your side. At Perlet & Shiner, P.A., our sex crimes lawyers in West Palm Beach aggressively defend the rights of the accused and never back down from a fight when it comes to protecting our clients` future. While you may be going through a stressful and scary time, you`re not alone in your struggle. Our former prosecutors are ready to accompany you and keep you informed of the status of your case from start to finish. A person who intentionally touches the breast, buttocks, genitals or genital area of a minor`s body (whether above or below clothing) commits obscene or lascivious harassment. If the accused is 18 years of age or older and the minor is under 12 years of age, this offence is a life crime punishable by life imprisonment or the death penalty. If the defendant is under the age of 18 and the minor is under the age of 12, or if the defendant is over 18 and the minor was over 12 but under 16, both circumstances are considered second-degree felonies. The penalty for a second-degree offence is a fine of up to $10,000 and imprisonment for up to 15 years. Again, it`s September 2022 and assume Sam was born on January 2, 2004 and Sarah was born on May 31, 2007. Sam and Sarah have sex, and Sam is convicted of rape, even though Sarah consented to sexual contact.

Here, the Romeo and Juliet exception would apply. There is nothing automatic about the application of the Florida Romeo and Juliet Law, so you must first show that you are eligible. The five eligibility criteria are: However, an exception has been introduced that protects youth and young adults from being registered as sex offenders if they have consensual sex with someone their own age. Because of the prolonged age difference, the accused was charged with obscene and lascivious assault on a woman under the age of 16 for a second-degree felony. The accused pleaded guilty and was sentenced to ten years` probation, as well as registration as a sex offender. The defendant then tried to use Romeo and Juliet to remove the registered classification, but was always rejected because he was not qualified. A judge will not consider your request to waive your sex offender registry requirement if you do not meet the requirements set out in the law. The legal requirements are: Some people may use the old adage „age is just a number“, but it`s actually much more serious than that when it comes to the law. Young love can be borderline illegal love, and although someone thinks they have met their soulmate, the reality is that if the person is a minor, they could be in serious trouble.

In other words, the assertion that the defendant did not know that the victim was a minor is not a defence. While it may seem like there`s no hope if you`ve been charged with a sex crime involving a minor, Florida has a specific loophole called the „Romeo and Juliet“ law. In an example of a case entitled State v. Welch, the defendant, was just over four years old than his girlfriend. When he was 18 and his girlfriend was only 14, he got her pregnant. Although the two were in a relationship, the exact age difference between the two was four years, two months and twenty days. The age of consent in Florida is 18. If a person violates the age of consent by having sex with someone under the age of 18, they may face the following charges: The law is called „Romeo and Juliet,“ and we`ll cover all the details as well as some case examples. The Romeo and Juliet law is intentionally narrow and only applies to the specific situations mentioned above. Do you have more questions about Romeo and Juliet in Florida? Do you have a case that deals with consent issues and you think the Romeo and Juliet Act could protect you? Let the Mike G Law team help you.