Legal Question in Criminal Law in Florida
okay . im 15 and my parents want to put a restraning order on a boy thats 19 because of what a cop said to them . the cop told my father that the 19 year old said that he was trying to get sum from me. if i have witnesses that show the 19 year old never said that and the cop has no proof could they still charge him for statoury rape and put a restraning order on him?
2 Answers from Attorneys
If you are under 16 and you have sex with someone 18 or over then yes he could be charged with statutory rape and a restraining order would be appropriate. As far as your parents getting one on your behalf, if you denied any sexual activity then the judge should not allow a restraining order to be granted. In other words, if you are dating and there is no sexual activity beyond kissing (including intercourse, oral sex, digital sex, or even over the clothes fondling), then there is no crime.
As a 15 year old, in FL, you may NOT consent to any sort of sexual activity. The 19 year old boy in question may not engage in any form of sexual activity with a child under the age of 16, and if he does, he can be charged with "statutory rape", that is, lewd and lascivious battery, molestation, and conduct (as applicable) all of which are serious felonies. See Florida Statutes 800.04 which can be found on Florida's "Online Sunshine" website at the following link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search;_String=&URL=Ch0800/SEC04.HTM&Title;=->2009->Ch0800->Section 04#0800.04
Your parents may AND SHOULD seek an injunction against contact ("restraining order") against the 19 year old to protect you because they have reason to believe he is having (or wants to have) some sort of sexual contact with you. Your word and witnesses really have no bearing at all on the matter. The cop's word and your parents' belief are enough for the injunction.
When you turn 16, under FL law, you may legally consent to sexual contact with a person under the age of 24. Your parents rules may be different, though.
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