Sex Crimes, Sex Offenders My 18-year-old son had consensual sex with 15-year-old girl

[zddoodah]

I disagree. Based on Florida's "Romeo and Juliet" law, it is actually unlikely, assuming that the man has no prior history in this regard.

That's not really a "Romeo and Juliet law." A "Romeo and Juliet law" says that conduct that might otherwise be statutory rape isn't a crime if the parties are sufficiently close in age. Section 943.04354 of the Florida Statutes allows certain persons convicted of sexual battery or lewd and lascivious battery (among other crimes) to petition for removal of the registration requirement. The conviction still remains, and the requirement to register could still be imposed, and the onus would be on the criminal to petition for removal of the requirement.

 

[Tax Counsel]

The age difference is 2 years and 9 months. To me, anything more than probation is an injustice.

That's understandable because you have a bias in this situation — your relationship to your son means you can't really be objective here. If you were in the shoes of the parents of the girl he had sex with you may feel very different about it. While you may think that age difference not very significant, it nevertheless is quite significant in the law.

It's not guaranteed he'll be prosecuted. The prosecutor will decide that based on a lot of factors, including input from the girl and her family. Note, though, that even if they say they don't want prosecution the prosecutor could go ahead and prosecute anyway. Your son, and anyone connected to him, should NOT have any contact with the girl or her family moving forward. You don't want to compound the legal problem with allegations of possible witness tampering or other related charges.

And your son really does need to see a criminal defense attorney and talk ONLY to that attorney about this. Anything he tells you you or anyone other than his attorney can be used against him.

 

[Zigner]

That's not really a "Romeo and Juliet law." A "Romeo and Juliet law" says that conduct that might otherwise be statutory rape isn't a crime if the parties are sufficiently close in age. Section 943.04354 of the Florida Statutes allows certain persons convicted of sexual battery or lewd and lascivious battery (among other crimes) to petition for removal of the registration requirement. The conviction still remains, and the requirement to register could still be imposed, and the onus would be on the criminal to petition for removal of the requirement.

"The Florida Senate


Issue Brief 2012-214 September 2011 Committee on Criminal Justice


EXAMINE FLORIDA'S "ROMEO AND JULIET" LAW


Statement of the Issue


Florida's "Romeo and Juliet" law was created during the 2007 Legislative Session to address concerns about high school age youth being labeled as sexual offenders or sexual predators as a result of participating in a consensual sexual relationship. "
(Etc.)
https://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-214cj.pdf

If it's good enough for the Florida senate, it's good enough for me.

 

[Michael Wechsler]

Being that they're so close in age, it's my hope that my son will not be sent to prison. I am also hoping that someone here can tell me what a typical sentence is for such an offense.

There has been a great deal of debate about this issue but this is a discussion for a criminal defense attorney to raise with a prosecutor. I can appreciate what you say and that there were no bad intentions, etc. but there are legitimate reasons for laws such as these and, as you know, life consequences for irresponsibility at this and any age.

I don't think anyone can say what sentencing will be like and perhaps it's better to take this one step at a time. Hire a good criminal defense attorney who will have a discussion with the prosecutor. Remain optimistic and positive and provide support to your son.