Can a Child Face Sexual Battery Charges in Fort Myers?

Many people (including parents) assume that children cannot face legal consequences for engaging in sexual activities with each other. While so-called Romeo and Juliet laws may protect certain children from criminal charges, it is still possible for a relatively young child to face serious juvenile offenses for these kinds of offenses. If your child faces allegations of sexual battery, you might want to contact a Fort Myers juvenile crime defense lawyer at your earliest opportunity.

Serious Charges Apply if the Victim Was Under 12 

The most serious consequences are reserved for those who engage in sex acts with victims under the age of 12. This is a serious felony, regardless of the age of the offender. This is because someone under the age of 12 cannot consent to sexual activities, even if the other person is also a “child” in the eyes of the law. Florida law considers those under 12 to be particularly vulnerable to sexual exploitation and sexual crimes for obvious reasons.

Will Romeo and Juliet Laws Protect My Child?

Romeo and Juliet laws in Florida may offer limited protection in these kinds of situations. Under these rules, a child can potentially avoid sex crime charges if they were close in age to the alleged victim. However, this only applies if both participants were between the ages of 14 and 17 at the time of the sexual activity. This also means that minors must be within a three-year age gap in order to gain protection from Romeo and Juliet laws in Florida.

In addition, Romeo and Juliet laws do not apply if the alleged victim is younger than 12. In these situations, the older child would likely face criminal consequences for engaging in this conduct, even if they themselves are relatively young.

Sexual Battery of a Victim Under 12 Is a Life Felony in Florida 

Sexual battery of a child under 12 is a life felony in Florida. Even if your child is 16 years old, they could face this life-altering criminal charge. Although they may face consequences through the juvenile court system, they may also be tried as an adult and face a full life sentence. This is something you might want to discuss with your defense attorney, as the outcome of the case depends on the unique circumstances of the situation. It may be possible to avoid having the child tried as an adult.

Can a Fort Myers Juvenile Crime Defense Lawyer Help Me?

If your child is facing sexual battery charges, you should take them seriously. Romeo and Juliet laws don’t always apply, and even a child as young as 16 could potentially face life-altering juvenile charges in Fort Myers for certain activities. To approach this situation in an effective manner, consider discussing your family’s unique circumstances with The Foley & Wilson Law Firm.

Sources: 

yoursun.com/breakingnews_newsalerts/breaking-news-teen-charged-with-sexual-battery-on-younger-child/article_9b60f689-191a-423f-83a9-3bd64ae729d6.html

flsenate.gov/laws/statutes/2020/794.011#:~:text=(b)%20A%20person%20less%20than,775.083%2C%20s.