Polk County sex with a minor arrest made – statutory rape in Florida

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Thomas C. Grajek View Profile

The Winter Haven Police Department arrested a Davenport man for allegedly having sex with a minor.  This is a very serious felony sex crime in Polk County.  A person under the age of 18 can not consent to sex.  Therefore, there are very few defenses to this crime.

The only defenses usually available in these statutory rape cases are that the sex act never occurred, the minor is accusing the wrong person, or there is no jurisdiction in Polk County meaning no sex act occurred in Polk.  Many people arrested for this crime believe that because the minor consenting to having sex, the defendant can not be prosecuted for this crime.  However, because the Florida legislature has made it impossible for a minor to consent to sex, this is not a defense to the crime.  So, even if the minor “consented” to having sex and does not want the person prosecuted, the State Attorney for the 10th Judicial Circuit can still go forward with the charges.

So how can a Polk Criminal defense lawyer help someone if there are so few defense to statutory rape?  There may be motions to have evidence excluded.  If the police did not read the suspect his rights, the person may be able to get their statement confessing to having sex thrown out of court.  This may make your case stronger.  A defense attorney can also negotiate a resolution to the case with a penalty that does not involve prison time or a “sexual predator” or “sexual offender” designation for the person arrested.

Florida Statute 794.05 defines “Unlawful sexual activity with certain minors” as:

  • A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree.
  • The maximum penalty for a 2nd degree felony in Florida is  up to 15 years in prison and/or probation and a $10,000.00 fine,
  • The term “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another.
  • Florida’s statutory rape statute does not apply to emancipated minors who are 16 or 17 years of age.

Under the rape shield laws, the alleged victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.  That means that a defense attorney could not bring out evidence that the alleged victim had sex before with another person.  The fact that the alleged victim is not a virgin is not a defense to the charge of sex with a minor.

If this criminal offense directly results in the alleged victim giving birth to a child, and the defendant is determined to be the father of the child, the offender must pay child support pursuant to Florida’s child support guidelines.

Under the Florida sentencing guidelines, this sex crime is a Level 6 offense which scores 36 points.  In addition, if the sexual penetrations can be added to the convicted person’s scoresheet.  Under the Florida felony scoresheet guidelines, “penetration” could results in up to an additional 80 points being scored on the scoresheet.  “Sexual contact’ scores 40 points under the guidelines.  Of course, as with any felony offense, points would also be added for prior record, violating probation, violating bond, or multiplication if required by the guidelines.  If scored and no prior record, the person convicted of sex with a minor in Polk County would score 96 points which under Florida’s “Sentence Computation” results in 59 months Florida State Prison as the lowest permissible sentence or “guideline sentence”.  There are ways to mitigate this sentence and that is why you need an experienced Polk County criminal defense attorney fighting for you when charged with a sex crime.

A person arrested for this crime will not be entitled to a bond until they appear before a judge at their Polk County First Appearance hearing.

 CALL NOW AND SPEAK TO AN EXPERIENCED POLK COUNTY CRIMINAL DEFENSE ATTORNEY.

 THOMAS C. GRAJEK 863-688-4606

Experienced sex crimes defense attorney handling all felony and misdemeanor crimes in Polk County, Florida.

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