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In Florida, it is illegal for someone 18 or older to have sex with someone younger than 18, even if the sex is consensual. In the eye of the law, minors cannot give informed sexual consent. When this action happens, this crime is called statutory rape. However, under Florida law, there is protection called the Romeo and Juliet law, which eliminates having to register as a sex offender or sexual predator under certain circumstances.
The purpose of this law is to address penalties for consensual sex between teenage minors and young adults. It was enacted in order to reduce the consequences of a statutory rape conviction. If you live in Orlando, Florida, and are arrested for statutory rape, contact the attorneys at Hanlon law for help understanding your options and how the Romeo and Juliet statute may benefit you.
The protection of the Romeo and Juliet Law comes from Florida Statutes Chapter 794 and applies to you when:
The most important thing to understand about the Romeo and Juliet law is that it does not make sex with a minor legal. The only thing the Romeo and Juliet law accomplishes is stopping the offender from having to register as a sex offender. Suppose you are convicted of statutory rape and are protected by the Romeo and Juliet law. In that case, you may still have to pay fines and face imprisonment, making it essential to retain legal help to combat your charges and avoid the maximum penalty.
If you qualify for the safeguard of the Romeo and Juliet law, you must file a petition in the court where you were sentenced. In the petition, you must categorically address all the criteria for removal and prove that the removal from the registry will not conflict with federal law. If you have qualified for removal components, the judge may consider it. Compiling your petition and addressing all the standards can be extremely difficult. The assistance of a seasoned attorney can make a dramatic difference in whether your petition is approved or not.
To better grasp how the Romeo and Juliet law may apply in Orlando, Florida, here are some hypothetical scenarios to see how to use the law. It is important to note that even if your case matches certain aspects of these scenarios, you are not guaranteed the same outcome.
A 16 and 19-year-old engage in consensual sex. However, four months prior, the 19-year-old was convicted of statutory rape for having consensual sex with a 14-year-old. This case fails to meet all the law requirements because the offender has a previous sex crime on their record.
A 17 and 20-year-old participate in a mutually agreed upon sexual activity. Neither has previously been convicted of a sex crime. Since both parties were consenting in the act and neither are already registered sex offenders, the Romeo and Juliet law applies in the case.
A 15 and 21-year-old have consensual sex. There is a 5 year age gap between the two, meaning the offender is not protected by the Romeo and Juliet law and will have to register as a sex offender for their crime of statutory rape.
Figuring out if your case fits the Romeo and Juliet law criteria can be challenging. Navigating the legal system and filing a petition to the court that addresses all the requirements is even more difficult. To successfully employ the Romeo and Juliet law, you need expert help. The lawyers at Hanlon law not only bring experience in navigating the Romeo and Juliet law application in Orlando, Florida, but they also bring dedication and commitment to every case they work on. We guide our clients through the circumstances they face with our knowledge of the law and insight into local courts.
Contact the attorneys at Hanlon Law to schedule a consultation to discuss your case and hire an Orlando sex crimes lawyer.
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