Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

Sexual intercourse in which one partner is an adult and the other a minor is legally referred to as statutory rape. In the case of one Florida sexual offense law, an adult is defined as someone aged 24 or older. A minor is defined as anyone under the age of 18.

Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - Unlawful sexual activity with certain minors. This law makes it a felony for anyone 24 years of age or older to have sex with a 16 or 17 year old. Ignorance of age cannot be raised as a defense for this crime.
QUESTION: Does this mean that anyone between the age of 18 and 24 can have sex with minors under the age of 18?

Criminal Law

ANSWER: No, it does not.

Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

Florida Statute Title XLVI Crimes Chapter 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual activity with a person 12 years of age or older, but less than 16 years of age. Florida Statute Title XLVI Crimes Chapter 827 Abuse of Children 827.04 Contributing to the delinquency or dependency of a child; states that a person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree.
Statutory rape laws are meant to protect young people.

Knowing that jail time is a possible consequence deters many (but unfortunately not all) adults from becoming sexually involved with minors. When the act on a minor has already been committed, protection comes in the form of punishing the offender, usually with a felony offense.

Problem is, most minors that have sexual relations with adults rarely feel victimized and therefore don't feel the need for protection. As a result, parents who suspect their underage children of being sexually active with older adults face a dilemma. If they report their suspicions to authorities, the report sets in motion a long and complex legal process which usually alienates them from their children.

If they don't report their suspicions, they may feel they've failed in one of their primary responsibilities as a parent: Protecting their child from potential danger.

Do you suspect statutory rape?

If you're a parent and suspect your minor child is sexually involved with an adult you have every right to decide how to handle the situation. Depending on your child's maturity level, you might decide to speak frankly about the possible consequences and then allow some time for them to seek a resolution themselves.

Or you may feel it necessary to take legal action. If so, start gathering evidence of the relationship now. Read your child's journals, dairies, text message logs and email and make copies of any relevant information, especially anything that is dated, before your child has a chance to destroy evidence. If you think there's evidence on a computer, be sure to make a backup copy of the hard drive, too. If you don't know how to do that, find someone who does.

Reporting statutory rape in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start by reporting the suspected statutory rape violation to the Sheriff's office or local police department. Based on the evidence provided, the law enforcement agency usually will either dismiss the case if insufficient evidence is provided; place the case on hold until resources can be devoted; or initiate an investigation right away.

An investigation entails gathering the names of and interviewing everyone involved including witnesses and following up on leads and any new information learned as a result of the interviewing process. A review of all evidence is also undertaken.

If this investigation is inconclusive, the case likely will be dropped at this stage. However, if the investigation determines that a violation of Florida statutory rape laws has taken place, the case is forwarded to the appropriate district office of the State Attorney for prosecution.

Once under the jurisdiction of the State Attorney's Office, district attorneys take sworn testimony from all witnesses. From there they will make a determination as to whether charges should be filed. If warranted, the specific charges are determined next. The district attorney's office then files a case with the Clerk of Courts, an action that signifies the start of the prosecution phase.

No one really wins in court

If all this sounds overwhelming, remember there is a better way. Keeping the lines of communication open may help prevent statutory rape from developing in the first place. So do the right thing and talk openly, honestly and regularly with your child.

Florida Statutory Rape Laws - Ignorance Of Age Is Not A Legal Defense

Written by Sarah Frances
Research Team
http://www.SexLaws.org

Sources: Florida Statutes and Laws http://www.leg.state.fl.us
© Sexlaws.org 2008

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Expungement - How Long Does it Take to Expunge a Criminal Record?

In legal terms, an expungement is a legal procedure where someone who is a first time offender tries to have the records of their offense sealed by the courts, thus making them unable to be seen in police and federal criminal databases. When the record is sealed, the legal term commonly used is that it has been "expunged", essentially making it as if it never even happened. You should not get the terms "expunge" and "pardon" confused however, as they both mean very different things in the legal system. When a criminal record is expunged, as far as everyone is concerned, the record never existed in the first place. If someone is granted a pardon, they essentially given forgiveness, but the record still remains on their profile and is never erased.

There are a number of reasons why someone would seek expungement and every legal jurisdiction is free to set their own rules regarding how the procedure is carried out. It is widely accepted that the word expunge means to take a record away from where it can be seen for general review. However, a large number of states have provisions set up so that the expunged records are not gone completely from databases that are accessible by police officers, judges, who made need the information to determine future sentencing and lock up facilities, which may house an inmate for a future conviction.

Criminal Law

Keep in mind, though, that not just any crime can be expunged. There are certain crimes that are eligible and others that are ineligible for expungement. Most crimes are able to be expunged as long as a certain number of requirements are met beforehand. Some of these include things like waiting a certain amount of time between the crime and requesting expungement, not having anymore related crimes, having less than a certain number of crimes, the cannot be too serious of an offense, and a probation period completed. Some of the crimes that are ineligible to be expunged include felonies where the victim was younger than 18, rape, sexual assault, corrupting someone who is underage, sexual annoyance and obscene gestures aimed at or pornography involving an underage individual.

Expungement - How Long Does it Take to Expunge a Criminal Record?

As mentioned earlier, each jurisdiction can set its own expungement rules. And each state can determine what can qualify to be expunged, as well as decide to not allow any records to be expunged whatsoever. If a record is eligible to be expunged, it can take anywhere 3 months and sometimes as long as year for more complex crimes. The average should be around 6 months however.

Expungement - How Long Does it Take to Expunge a Criminal Record?

If you would like to have your criminal record cleared and you live in the state of New Jersey, contact a NJ expungement lawyer at Clark & Clark. They will provide you a free consultation and explain NJ expungement laws to see if you qualify. Call now - 877-290-3867

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Illinois Arrest Records

Illinois arrest records are in the public domain and therefore anyone is entitled to have access to them. Although they are public records, the laws governing the proper use of the information derived from them are protective on individual privacy. For example, consent from the person must be obtained prior to background check for the purpose of employment or volunteer work.

The main place you should start searching for criminal records Illinois is with the Illinois State Police who hold information relating to all criminal matters. But in order to carry out a search they will first require you to pay a fee of .00. Other than the State Police you could try one of the states Circuit Courts as well. Jackson County has a database and will charge a fee of .95 for data search.

Criminal Law

All law enforcement agencies are required to keep their criminal databases updated and maintained correctly. The information that they collect will often then be shared with other law enforcement agencies along with the courts and some individuals as well. The information are updated on a daily, monthly or quarterly basis by the person charged with doing so. So just how good the arrest records information is will depend upon how well maintained and updated the database is.

Illinois Arrest Records

When it comes to Illinois arrest records statistics in recent years their rate has been above the national one. Yet even though this is shown the state has seen a decrease in the number of arrests being made. In 1990 the arrests made per 100,000 of the population was 1,237 but by 2002 this figure has dropped to 894 arrests for 100,000 of the population. This has meant that there has been a decrease of 28% during this 12 year period of arrests being made.

Just like any task these days, the most popular medium of conducting Illinois criminal background check is online over the internet. If the formality and waiting time with government departments are still too long, there's the paid version from commercial record providers to turn to. On top of that, they also have the means to tap into private and proprietary networks along with public sources. The searched records are usually ready for download in a matter of minutes.

Illinois Arrest Records

Simple step by step guide to Illinois Arrest Records Search online. You can now conduct Public Arrest Records Search in the convenience of your own home.

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The 3 Main Types of Criminal Offences in Canada

In British Columbia there are 3 main types of criminal offences. They are (1) purely summary conviction offences, (2) purely indictable offences, and (3) hybrid offences.

These 3 types of offences are set out in the Criminal Code of Canada.

Criminal Law

Purely summary conviction offences

The 3 Main Types of Criminal Offences in Canada

The list of summary conviction offences is set out in section 553 of the Criminal Code. These are the most minor charges compared to indictable and hybrid offences. Examples include theft (under ,000) and mischief charges.

Purely indictable offences

Indictable offences are the most serious criminal offences. These offences are set out in section 469 of the Criminal Code. Examples of indictable offences include murder and treason.

Hybrid offences

Hybrid offences are all those not listed in either section 553 or 469 of the Criminal Code. The majority of criminal offences in Canada are hybrid.

What hybrid offence means is the prosecutor can choose whether to classify an offence as summary conviction or indictable. How a charge is classified determines how a charge is processed through the criminal court system.

Process: summary conviction vs. indictable

The two main differences are (1) the maximum punishments, and (2) the court process.

When the prosecutor has the option to choose (i.e. hybrid offence), the summary conviction maximum punishments are often less severe than indictable classification.

For example, an impaired driving charge (aka operating while impaired) is a hybrid offence where the prosecutor can choose to proceed summarily or by indictment. As an indictable offence, the maximum punishment is 5 years in jail; as a summary conviction offence, the maximum punishment is 18 months.

Another difference is the court process.

In British Columbia, criminal cases are processed and heard provincial courts and supreme courts. All trials in Provincial Court are heard by judge alone, whereas trials in Supreme Court may be heard by a judge alone or judge and jury.

Purely summary conviction offences (those listed in section 553 in the Criminal Code) are processed and heard only in Provincial Court. This means that an accused doesn't have the option for a jury or a preliminary inquiry.

If a charge is a hybrid offence, and the prosecutor classifies it as indictable, then the accused can choose whether to have the case processed and heard in Provincial Court or Supreme Court.

The main difference with Supreme Court is the option for a jury and preliminary inquiry (a pre-trial hearing where the prosecutor presents evidence to the court to determine whether there is sufficient evidence to continue against the accused).

If the prosecutor chooses to classify and proceed by indictment (i.e. indictable offence), then the accused chooses whether to have the case heard in Provincial Court or in Supreme Court by judge alone or judge and jury.

Purely indictable offences (those listed in section 469 of the Criminal Code) are processed and heard only in Supreme Court. The default trial mode is judge and jury; however, if the accused and prosecutor consent, the trial may be heard by judge alone.

That sets out the 3 types of criminal offences in British Columbia.

The 3 Main Types of Criminal Offences in Canada

To read more about the criminal law in British Columbia, visit the BC Criminal Defence Blog and the website of BC Criminal Lawyers Dykstra & Company.

Dykstra & Company is a law firm of criminal defence lawyers with offices in Abbotsford and Surrey, British Columbia. We represent people charged with traffic offences such as DUI and refusing to provide a breath sample, assault-related charges including domestic assault and uttering threats, and drug-related offences such as possession and trafficking.

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Living Together Before Marriage: Can It Work For You?

There are strong opinions about couples living together before marriage - both pro and con. Many factors need to go into that decision and there's not one right answer for everyone.

The question of living together before marriage comes up at some point in a serious relationship. However, if you're thinking of moving in with a man you're not engaged to in the hopes that he will come to the decision to marry you, you might want to proceed with caution.

According to The National Institute of Child Health and Human Development reports:

Living together is considered to be more stressful than being married.
Just over 50% of first cohabiting couples ever get married.
In the United States and in the UK, couples who live together are at a greater risk for divorce than non-cohabiting couples.
Couples who lived together before marriage tend to divorce early in their marriage. If their marriage last seven years, then their risk for divorce is the same as couples who didn't cohabit before marriage.

What does this mean for you? I'm not a researcher, I can only tell you about my own life experience and what happened to me.

During my single years I lived with 3 different men. In all 3 cases I assumed that if they loved me enough to live with me - and they liked it - then certainly they would take the next step and marry me. Needless to say it never happened, in fact I never got engaged to any of them.

These failed experiments in co-habitation were not easy on me and took their toll on my self-confidence and self-esteem. They also made me into a dishonest woman. I had to pretend that everything was fine. I didn't tell them that I wanted more or about my feelings of dissatisfaction.

I lied to myself and I lied to them to keep the peace. I was "playing house" hoping to prove to them that I was worth marrying. I knew they loved me; I just had to show them how good our life together could be and I secretly prayed that they would "fall more in love with me" and want to marry me.

There's another big draw back to living together before marriage, before making the ultimate commitment. I don't have to tell you how breaking up with a man is hard, but when you've been living with him it's even harder. You have to dismantle the lifestyle you've set up together. You've shared furniture, household bills and inevitably, one or both of you will be forced to find a new place to live.

If you're considering living together before marriage you have to have a talk about the future. Don't do what I did and hope he'll come to realize he wants to marry you. This arrangement works best if you both have been honest about your expectations and agree that this is a step to making the ultimate commitment to each other.

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