Legal Question in Criminal Law in Florida

Charges are pending soon. please help????

Alright, well...my girlfriend is 16 and im 20... the florida state law says that 16 to 24 is legal. she might be pregnant. she told me that if she is, her parents want us to get married. i dont have any problem with that, but she told me that if she isnt, her mom might want to put me in prison. but what she told me was that they didnt have any problem with us going out together and her step dad gives her condoms. i believed she was a virgin, but she wanted me to take her virginity. she still says she loves me and she said she was going to tell her parents and authorities that it was her fault and my fault and i have a recorded statement from her (she didnt know i was recording it till after i had recorded it.. we were talking over the phone).. that she told me her parents wouldnt really care if we had sex and that she kind of forced it on me and also that her step dad use to sexually abuse her and her step brother still tries to and that her mom slaps her around. so if i went to court, would they look into these facts about the situation and the fact that she told me it was alright with her parents and that im 20 and shes 16? i love her. prison isnt that bad, just being away from her. please help? would the recording help me?


Asked on 7/12/05, 8:11 pm

2 Answers from Attorneys
W. Grey Tesh W. Grey Tesh, Florida Criminal Defense Lawyer

Re: Charges are pending soon. please help????

First, don't tell anyone you have a recording. You may get charged with a felony for recording her on the phone if she didn't know and consent. In FL, the other party has to know they're being recorded and consent. Second, you don't state what you are charged with or going to be charged with - sexual battery? you have a consent issue there. See FL Stat 790.011. So long as she is 16 years old and consents, you should be ok. For a lewd and lascivious charge, see FL Stat 800.04 which only talks about victims less than 16 years old. Get a birth certificate or driver's license to be sure of her age. Don't speak to anyone about your contact with her. If cops ask you any questions, demand to speak with a criminal defense lawyer before any questioning. Hope this helps. W. Grey Tesh (561)686-6886.

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Answered on 7/13/05, 10:43 am
Valerie Masters Valerie Masters, P.A.

Re: Charges are pending soon. please help????

You desperatly need a lawyer in person. No, the recording won't help, there is no defense to statutory rape. I literally mean under the law there are no defenses. You are wrong about prison. Going to prison as a sex offender is more than unpleasant its, dangerous. Furthermore, you will fall under the JImmy Ryce Act which says aftr you finish your term of prison another trial has to be held on the issue of your possibility of repeating the crime. If the jury finds you a danger, you stay in prison for an indetermite period until a jury finally lets you out. Then you have to register as a sex offender in your county. They dont specify whether the sex is consensual or child rape. Everyone assumes you are a child molester. Try finding a house and job with that on your shoulders. Get a lawyer, now.

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Answered on 7/13/05, 10:44 am


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