What is the Statute of Limitations on Statutory Rape in Florida?

What Does Statute of Limitations Mean?

Did you know that some crimes have a reporting deadline that must be met for victims to seek justice? If too much time passes before the victim makes the crime known, the victim may be unable to take legal action against the perpetrator. A statute of limitations is a legal term that describes the window of opportunity for an individual to file a lawsuit or start a criminal investigation.

If a crime occurred long ago, it could be very challenging to find out what actually happened due to how old the evidence is. A statute of limitations exists to help ensure that lawsuits are filed on time, to reduce the use of outdated or dubious proof in court, and to promote a fair outcome for both parties. Both civil and criminal law have different statutes of limitations depending on the kind of claim or charge and where the victim reported the crime happened.

Does Florida have a Statute of Limitations on Statutory Rape?

Rape is a very serious crime and often has life-long consequences for victims and those accused or convicted. If charged with statutory rape, you must register as a sex offender, which complicates finding housing, employment, and obtaining parental rights.

The statute of limitations for statutory rape varies according to the victim’s age and the offense’s severity. If an adult engages in sexual acts with a minor, it is statutory rape, regardless of whether the minor consented. Florida’s age of consent is 18, so people younger than 18 cannot consent to sex with those older than 18 under Florida law.

If you are a victim of statutory rape, it’s essential to prioritize your mental and physical health and seek medical attention as soon as possible. Reporting the rapist’s location, physical description, and any other valuable information to law enforcement can potentially help prevent more victims in the future and serve as additional documentation in your case.

Consult with a Florida lawyer immediately for assistance with determining any applicable statute of limitations. Every case is different.

Types of Statutory Rape

A minor may consent to a sexual act, but Florida law considers that a minor cannot consent in the same way that an adult can. Many victims of statutory rape may have felt like they agreed to the act at the time, but after the fact, they realized the adult had taken advantage of them.

Florida has different charges for statutory rape depending on the circumstances of the crime, and the statute of limitations for statutory rape in Florida ranges from 3 to 12 years:

Sexual Battery

• Sexual Battery on a Victim Under 12 Years Old: Florida law doles out the harshest punishments for sexual battery on a victim under 12. This offense is considered a capital felony, and those who commit this crime could be sentenced to life in prison. There is no statute of limitations for the sexual battery of those under 12. Charges for this crime may be brought at any time, regardless of how long it has been.
• Sexual Battery on a Victim Between 12 and 17 Years Old: If an adult engages in sexual acts with a child between 12 and 17, they have committed a felony punishable by up to 15 years in prison and a fine of up to $10,000. This crime must be reported within eight years of the victim’s 18th birthday as there is an 8-year statute of limitations.

Lewd or Lascivious Battery

• Lewd or Lascivious Battery on a Victim Under 16 Years Old: Lewd or lascivious battery on a victim under 16 years old is considered a second-degree felony. Those who commit this crime could be imprisoned for up to 15 years and receive fines of up to $10,000. The statute of limitations on this crime is eight years from the victim’s 18th birthday.

Lewd or Lascivious Molestation on a Victim Under 12 Years Old: Those who molest someone 12 years old or younger in Florida have committed a first-degree felony, which carries penalties of up to life in prison and a fine of up to $15,000. This felony has a 4-year statute of limitations.

Lewd or Lascivious Molestation on a Victim Between 12 and 16 Years Old: This crime is considered a second-degree felony, with penalties of up to 15 years in prison and a fine of up to $10,000. The statute of limitations for this offense is eight years from the victim’s 18th birthday.

Exceptions to Statute of Limitations

Victims of statutory rape should be aware that some factors may extend the statute of limitations. For example, if the rapist threatens or intimidates their victim to prevent them from reporting the rape, the statute of limitations may not apply. The perpetrator leaving the state could also extend the statute of limitations.

Long-Term Effects of Statutory Rape

Statutory rape can seriously impact a young person’s mental health and development. The experience of being forced or coerced into sexual activity at a young age, before a person is emotionally or mentally prepared for it, can cause a range of adverse psychological outcomes.

Research has shown a connection between childhood sexual abuse and adverse psychological and emotional outcomes like depression, guilt, shame, self-blame, post-traumatic stress disorder (PTSD), eating disorders, and anxiety. Victims of statutory rape may struggle with trust issues and difficulty forming intimate relationships. It may be hard for them to develop and maintain boundaries.

In some cases, victims of statutory rape may turn to substance abuse or self-harm to cope with the emotional pain and trauma they have experienced. They may also experience a loss of interest in activities they once enjoyed and struggle with academic or occupational performance.

The mental health effects of statutory rape can be severe and long-lasting, and victims need to receive appropriate support and treatment to help them recover and move forward. Treatment for statutory rape may include therapy, counseling, and other forms of mental health care.

Talk To a Lawyer About Your Statutory Rape Case

Rape is a life-changing crime, and it can be challenging to talk about it due to its stigma. However, it is crucial to continue to push for justice. If you are a victim or are facing charges of statutory rape, finding an experienced criminal defense attorney who can help you understand your legal rights and options is vital.

An attorney can work to build a strong defense on your behalf and can help you navigate the complex legal system. Contact Mausner Graham Injury Law at 305-344-HURT(4878) for a free consultation with our experienced attorneys.