Statutes & Constitution. View Statutes. Online Sunshine(1) As used in this section, the term: (a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.(c) “Sexual violence” means any one incident of: 1. Sexual battery, as defined in chapter 7. A lewd or lascivious act, as defined in chapter 8.
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Luring or enticing a child, as described in chapter 7. Sexual performance by a child, as described in chapter 8. Any other forcible felony wherein a sexual act is committed or attempted,regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
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The existence of such a relationship shall be determined based on the consideration of the following factors: 1. A dating relationship must have existed within the past 6 months; 2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
In Florida, an assault is intentional threats, words or actions that cause a person to feel afraid of impending violence. Battery is actual offensive physical contact. A verbatim publication of the general and special laws enacted by the Florida Legislature in a given year and published each year following the.
The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.(2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.(a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.(b) Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.(c) A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: 1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or.
The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 9. A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.(e) A cause of action for an injunction does not require that the petitioner be represented by an attorney.(3)(a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.(b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence.
However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $4. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $2. No bond shall be required by the court for the entry of an injunction.(d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court.(4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must: 1. Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or. Have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.(b) The sworn petition must be in substantially the following form: PETITION FOR INJUNCTION FOR PROTECTIONAGAINST REPEAT VIOLENCE, SEXUALVIOLENCE, OR DATING VIOLENCEBefore me, the undersigned authority, personally appeared Petitioner (Name) , who has been sworn and says that the following statements are true: 1.
Petitioner resides at (address) (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential pursuant to s. Florida Statutes.)2.
Respondent resides at (address) . Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has: (enumerate incidents of violence) b. Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release.) c. Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence, as demonstrated by the fact that the respondent has: (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship.) 4.
Petitioner genuinely fears repeat violence by the respondent. Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner’s immediate family, including any injunctions or directives to law enforcement agencies.(5) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.(6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.(b) Except as provided in s. Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 1. However, an ex parte temporary injunction granted under subparagraph (2)(c)2. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective.
Florida Statutory Rape Laws & Criminal Penalties. In Florida, it is illegal for an adult (someone 1. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term “statutory” rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult. For more information on statutory rape and the history of this crime, see Statutory Rape.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve an assault is illegal in Florida (see Florida Sexual Battery Laws). Assaults of a sexual nature may also be charged under the state’s assault and battery or child molestation or enticement laws (to learn more, see Aggravated Assault Laws in Florida and Child Enticement in Florida).
And for information about rape between spouses, see Florida Marital Rape Laws. Statutory Rape and Penalties. Statutory rape is prosecuted under Florida’s sexual battery and lewd and lascivious conduct laws.
Penalties depend on the ages of the defendant and victim. The offense is broken into categories, and penalties vary depending on the circumstances of the crime, as described below.
Unlawful sexual activity with certain minors includes sexual penetration (with an object or body part) between a minor who is 1. Penalties include a fine of up to $1. Lewd and lascivious molestation includes sexual touching (even over clothing) between a defendant and a minor.
This offense is a first degree felony if the victim was younger than 1. Penalties include at least 2. If the victim was 1. If the victim was younger than 1. Lewd and lascivious battery includes sexual penetration between an adult and a minor who is 1. Penalties include at least 7 years and six months (and up to 1.
Lewd and lascivious conduct includes sexual touching between an adult and a minor younger than 1. For defendants 1. However, the minimum punishment may include probation without jail time if the defendant is convicted of solicitation but no actual sexual contact. When the defendant was younger than 1. And again, the minimum punishment may include probation without jail time if the defendant is convicted of solicitation but no actual sexual contact. Contributing to the delinquency of a minor may be charged when a defendant impregnates a minor as a result of a statutory rape. Penalties include at least two (and up to six) years in prison.(Fla.
You may be exempted from this requirement if you fall into the “Romeo and Juliet” exception, described below. Defenses to a Statutory Rape Charge. Unlike normal rape charges, consent is not a defense to statutory rape. Statutory rape laws make minors legally incapable of giving consent to sexual activities. Therefore even if the minor “consented,” the sexual activity was nonetheless illegal and the defendant may be convicted of rape. In Florida, there is a limited Romeo and Juliet exemption for consensual sex when the minor was 1. If the defendant meets certain eligibility requirements, the exception removes the requirement that the defendant register as a sex offender.
However, it does prevent him from being fined, imprisoned, or both. Reasonable mistake of age.
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But in Florida, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape. See a Lawyer. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time), and will know how prosecutors and judges typically handle cases like yours. Help for Sexual Assault and Rape Survivors. If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.