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Sex Crimes Attorney and Minors
Sex crimes are taken very seriously across the entire United States of America, but none so seriously as sex crimes involving a minor. But what if the minor involved is the perpetrator, not the victim?
It might seem impossible for a child to commit a sex crime, but unfortunately, that’s not the case. As children reach puberty, they begin to explore and experiment with their sexuality. Even with proper parenting and education, minors can still find themselves crossing boundaries that could lead to court.
What is a Minor?
A minor is a legal term defined as a person who has not yet reached the age to be considered an adult. Minors are those under the age of majority, which is usually 18 years old, depending on where you are.
In sex-related cases, the individual is usually defined as a minor by the age of consent, which may not be the same as the age of majority. For example, in some states, the age of consent is 16 years old, while the age of majority remains 18 years old.
In Orlando, Florida, both the age of consent and the age of majority are the same: 18 years old.
What Kind of Sex Crimes Can Be Committed by Minors?
The unfortunate truth is that almost any sex crime an adult can commit can also be committed by a child, whether wittingly or unwittingly. However, the majority of sex offense cases involving minors deal with accidental or unwitting crimes.
For example, let’s say Johnny and his girlfriend, Janie, are both 15 years old. Johnny and Janie have sex, with both parties fully consenting. The problem here is that Johnny and Janie are under the age of consent in Florida, which means they cannot legally consent to sexual acts. So, if Janie’s parents find out and subsequently accuse Johnny of raping or assaulting their daughter, Johnny could be in big trouble.
Janie could even feel pressured to lie and say Johnny assaulted her, either to appease her parents or even to avoid the judgment of her peers. So, even though Johnny didn’t force sex on an unwilling partner, he could still be charged with something as serious as statuatory rape.
The same problem may arise if Johnny and Janie exchange explicit images via text or instant messaging. One or both could be accused of possessing, creating, and/or distributing child pornography. Janie’s upset parents might even try and accuse Johnny of forcing their daughter to take and send those pictures, and Johnny could be looking at a charge for soliciting a minor.
Repercussions of Sex Crimes Committed by Minors
The consequences for minors who commit sex crimes depend heavily on what the official charge is. If Johnny is tried as a minor, he could face anything from juvenile detention to community service.
However, depending on the severity of the crime and his past behavior, the judge might decide to try Johnny as an adult. If this happens, he could be facing prison time, hefty fines, and even mandatory sex offender registration.
On top of the legal repercussions of being charged with a sex crime, Johnny could also see a lot of personal fallout. He may lose the respect of his peers and teachers, and become isolated at school. He could even be expelled altogether. While juvenile records are often sealed to prevent the crimes from impacting the minor’s adult life, they aren’t always. An unsealed criminal record can lead to difficulties finding a job, a house, or even getting professional licensure.
Defense Against Sex Crimes Committed by Minors
This all may sound fatalistic, but don’t lose hope. There are many ways to combat sex crime accusations for a minor, such as:
- Actual Innocence: Just getting the truth out there. Your child’s side of the story and their past behavior and character might be enough to convince the prosecutor or judge of their innocence.
- Lack of Credibility: By exploring the alleged victim’s past behavior and character, it may be determined that they are not credible, and the charges could be dropped.
- For example, in Johnny and Janie’s case, the best defense might be convincing the judge that Janie’s parents are lying about the assault, and that the encounter was, in fact, consensual.
- Lack of Evidence: As in most sex-related cases, there simply may not be enough evidence to convict. The burden of proof falls on the prosecution to prove that the defendant is guilty. With most sex crimes being just a game of he-said, she-said, this can be difficult if not impossible.
How Can Hanlon Law Help?
If your child has been accused of a sex crime, it’s time to call a lawyer immediately. No matter how frivolous or silly the accusation may be, any suggestion of sex crimes involving a minor will be taken to the State Attorney’s Office.
With two decades of experience in sex crimes cases, Hanlon law has a fully-stocked arsenal ready to protect your child. Our dedicated team will lobby on your child’s behalf by making sure their side of the story is told. There’s no better attorney in the Orlando, Florida, area to defend your child against a sex crime accusation than Hanlon Law.
Contact us today.
We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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