The Hoffman Firm The Hoffman Firm

Miami Statutory Rape Attorney

Skilled Legal Advocacy for Sensitive Statutory Rape Cases in Florida

Have you been accused of statutory rape? If so, you need to understand that it is an extremely serious charge which can result in penalties of up to life in prison if convicted. Statutory rape allegations can have lasting effects on your reputation and possible even your employment options. The shame associated with this type of crime can make your day-to-day life extremely difficult. However, this may be avoidable.

What is the Age of Consent in Florida? 

Florida has exceptions to the age of consent. Primarily, Florida applies these exceptions to persons with a disability. Another exception is the distinction between age of consent and legal age of consent. Under this distinction, a person 16 or 17 years of age can consent to sex with someone who is not older than 24.

In Florida, a person under the age of 24 will not be charged with statutory rape unless the 16 or 17-year-old is disabled or has not consented to the sex act. A person 18 or older who does not have a disability can consent to sex with a person of any age.

Have you been accused of statutory rape? If so, you need to understand that it is an extremely serious charge which can result in penalties of up to life in prison if convicted. Statutory rape allegations can have lasting effects on your reputation and possible even your employment options. The shame associated with this type of crime can make your day-to-day life extremely difficult. However, this may be avoidable.


Call (305) 928-1669, if you are in Miami, 954-737-3004 if your case is out of Broward County, now and schedule your free case consultation with our Miami statutory rape attorney.


Statutory Rape in Miami FAQ 

What are the potential penalties for a statutory rape conviction?
Penalties for statutory rape can be severe, including lengthy prison sentences, mandatory registration as a sex offender, fines, probation, and a permanent criminal record. The specific penalties depend on the age of the victim and the circumstances of the case.

Can consent be used as a defense in statutory rape cases?
No, consent cannot be used as a defense in statutory rape cases in Florida. The law is based on the premise that individuals below the age of consent are not legally capable of consenting to sexual activities.

What should I do if I am accused of statutory rape?
If you are accused of statutory rape, it is crucial to seek legal representation immediately. A skilled attorney can help navigate the legal process, evaluate the details of your case, and develop a defense strategy aimed at achieving the best possible outcome.

How can an attorney help in a statutory rape case?
An attorney can provide crucial support by examining all evidence, challenging the prosecution’s case, negotiating plea deals, and representing you in court. Their goal is to protect your rights and work towards minimizing or dismissing charges.

What defense strategies are available in statutory rape cases?
Defense strategies may include questioning the credibility of witnesses, challenging the evidence, proving a lack of intent, or demonstrating that the accused reasonably believed the victim was of age. Each case is unique, so strategies depend on specific circumstances.

Why is it important to have legal representation in a statutory rape case?
Legal representation is vital due to the complexity and seriousness of statutory rape charges. An experienced attorney understands the nuances of Florida's laws and can provide the guidance needed to navigate the criminal justice system effectively.

Why Choose The Hoffman Firm for Your Miami Statutory Rape Case?

Choosing the right legal representation for a statutory rape case in Miami is crucial due to the complexity and sensitivity involved. 

The Hoffman Firm stands out as a premier choice for several compelling reasons:

  • Extensive Experience: With years of handling statutory rape cases, The Hoffman Firm brings a wealth of knowledge and seasoned expertise to each case, ensuring informed and effective legal representation.
  • Proven Track Record: The firm has a history of favorable outcomes, showcasing our commitment to achieving the best possible results for their clients through strategic and skilled advocacy.
  • Personalized Approach: Understanding that each case is unique, The Hoffman Firm provides tailored legal strategies that align with the specific needs and circumstances of the client.
  • Client Confidentiality: Prioritizing the privacy and confidentiality of their clients, our firm ensures a safe and secure environment to handle sensitive legal matters with discretion and care.
  • In-depth Knowledge of Florida Law: Equipped with a comprehensive understanding of Florida's legal system, our attorneys are well-prepared to navigate the intricacies of statutory rape cases effectively.
  • Strong Advocacy: Dedicated to protecting client rights, The Hoffman Firm offers vigorous defense and steadfast representation throughout the legal process, ensuring that every client receives the support they need.
  • Compassionate Support: Recognizing the emotional challenges involved, the firm provides empathetic and supportive legal counsel, making clients feel understood and supported during difficult times.
  • Strategic Defense Planning: Utilizing innovative defense strategies, the firm excels at challenging evidence and negotiating favorable outcomes, always aiming to minimize the impact on their clients' lives.

How is Statutory Rape Defined in Florida? 

Florida Code §794.05 defines statutory rape is defined as engaging in sexual activity with a person who is younger than the legal age of consent. Under Florida law, a child under 16 years of age cannot consent to sexual activity, regardless of the age of the defendant. A child who is at least 16 years of age and less than 18 years of age cannot consent to sexual activity if the defendant is 24 years of age or older.

Statutory rape is a second degree felony punishable by 15 years in prison or, 15 to 40 years or life in prison for habitual offenders. If the victim dies as a result of statutory rape the death penalty may apply.

Contrary to other rape crime provisions, consent is not a factor with statutory rape because the victim is considered incapable of giving consent, consequently removing it as a possible defense.

Statutory rape is also different from other rape crimes because the victim is not required to press charges; charges may be brought by the state.

Statute of Limitations for Statutory Rape in Florida

In the state of Florida, the statute of limitations for statutory rape is three (3) years. This means that victims must file and bring forth any charges within 3 years for the statutory rape charges to be valid and subject to prosecution. If you are facing charges of statutory rape, ignorance of the victim’s real age is not enough to keep you out of jail. You need to have a good team of legal experts working for you as your defense.

If accused of a sex crime, it is vitally important that you consult with an experienced Miami statutory rape attorney, not only to avoid the possible penalties, but also to help prevent your reputation and standing in the community from being ruined. At The Hoffman Firm, we know how to help you fight the charges and obtain your best possible outcome.


Call (305) 928-1669 if you are in Miami, 954-737-3004 if you are in Broward County, now or contact our firm online to get started with our Miami statutory rape lawyer.


Why Should You Hire The Hoffman Firm? Here Are a Few Reasons:

  • Client-Focused Representation
    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
  • Decades of Experience
    Attorney Evan Hoffman has over two decades of experience fighting for the accused.
  • Premier Criminal Defense Firm
    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
  • Proven Track Record
    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
  • Florida Former State Prosecutor
    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
  • Free Initial Consultation
    We offer free initial consultations to ensure that we have your best interests in mind.

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