Can a Minor Commit Sexual Assault?

Sexual assault defense attorney consulting legislature

In Florida, sexual offenses are regarded very seriously. However, when the defendant is a minor, the legal landscape becomes more complex. In situations where your child is facing a sexual assault charge, a sexual assault defense attorney in Tampa with The Rickman Law Firm can help you understand the nuances of what the law states when a minor allegedly commits a sex crime. 

What Constitutes Sexual Assault in Florida?

According to Florida Statute 794.011, sexual battery is defined as the act when a person engages in non-consensual sexual activity with another person. This can involve various forms of sexual penetration or contact, including but not limited to vaginal, anal, or oral intercourse, as well as the use of objects.

The Role of Age in Sexual Assault Cases

In Florida, the age of consent is 18. This means that individuals under the age of 18 are legally considered minors and usually cannot legally consent to any sexual activity. However, the law recognizes that minors may engage in consensual sexual activity with others who are close in age. This is known as the “Romeo and Juliet” law, which provides some leniency in cases where the individuals involved are within a certain age range of each other.

Can Minors Be Charged with Sexual Assault?

Yes, minors can be charged with sexual assault in Florida. While the legal system acknowledges the developmental differences between minors and adults, it also holds minors accountable for their actions. If a minor is accused of sexual assault, they may still face serious legal consequences, including juvenile detention, probation, and the requirement to register as a sex offender. Therefore, it is critical to work with a highly experienced sex crime defense attorney in Tampa with The Rickman Law Firm to help achieve the most favorable outcome for your child’s case.

However, when determining the appropriate response to a minor accused of sexual assault, the court will consider various factors, including the age of the minor, the circumstances surrounding the offense, any prior criminal history, and the impact on the alleged victim. The court may additionally assess whether the defendant minor understands the consequences of their actions and whether they would benefit from rehabilitation or treatment.

A Sexual Assault Charge Does Not Have to Result in Conviction

While minors can technically commit sexual assault, the legal system recognizes the complexities involved in prosecuting cases involving minors. If your child is facing allegations of sexual assault, they should receive guidance from a qualified Tampa sex crime defense attorney who can navigate the legal process and advocate for the best possible outcome. At The Rickman Law Firm, we are committed to providing nationally recognized legal representation for your child. 

If your child is facing a sexual assault charge, they need the best legal defense team. Contact our office at (813) 370-1185 or fill out the consultation form on our website. Our Tampa sexual assault defense attorneys are available 24 hours a day, seven days a week, for their protection.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

NEED A DEFENSE ATTORNEY?

Schedule Consultation

Case Results

NO CHARGES FILED BY STATE FOR CHILD NEGLECT AND DRIVING UNDER THE INFLUENCE ARRESTS

SB, a sixty-two (62) year old out-of-state resident was visiting his family in Pinellas County when he was arrested on April 13, 2019 for Child Neglect and Driving Under the Influence. Attorney Anthony Rickman worked
Show More

DUI Dropped to Reckless Driving

The Defendant was stopped for making an illegal turn. After he was asked to perform field sobriety test, he was arrested. The Defense was successfully able to argue since he had refused a breath test.
Show More

FEDERAL OFFENSE OF POSSESSION OF EXPLOSIVE DEVICE WHICH FIRE AMMUNITION DISMISSED

The Client was cited by the Federal government for Possession of an Explosive Device which Fire Ammunition. During the Pre-Indictment stage, Attorney Anthony Rickman immediately contact the U.S. Attorney’s Office to provide them with relevant
Show More