Imagine this scenario: a 17-year-old girl engages in a sexual act with a 25-year-old boyfriend. You might think this is covered under so-called “Romeo and Juliet” laws, but you’d be wrong because the 17-year-old cannot legally give consent, even if they verbally give it.
In Florida, the age of consent for any sex act is 18. More specifically, if the person is legally below the age of consent (18 in Florida, but lower in some other states) he or she is not capable of giving permission to have any sexual contact with an adult.
But, back to the “Romeo and Juliet” law. What if it’s a sex act between two minors or a minor and an adult who is just a few years older in age? After all, if a teen begins dating a senior during their freshman year of high school and they continue the relationship for a few years, does that mean the older of the two is guilty of statutory rape?
The “Romeo and Juliet” law was created for scenarios like that one and removes the requirement of registry as a sex offender or sexual predator in certain situations, primarily when the victim and perpetrator are close in age. Furthermore, this applies when:
- The victim is between the ages of 14 and 17
- The victim was no more than four years younger than the offender
- The perpetrator is not older than 24 years old
- The victim must have been a willing participant in the sexual activity
- The offender does not have any previous sex crimes on their record
In short, a person over 25 should not have sex with anyone under 18 because they are not protected by the “Romeo and Juliet” law and the minor cannot legally give their consent.