Legal Question in Discrimination Law in Florida

I have a son that was charged with stagertory rape. He was seventeen and the girl was 14 when this occurred, She was consentual with him, and she would not testifify against him. Can he appeal under the sex offender law that applied last year.


Asked on 12/29/09, 9:56 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

The sex offender law which applied last year? I believe you are referring to the "Romeo and Juliet" law (?). It is not a judicial creation which would set aside the conviction, but rather it may be used to set aside the requirement of sex offender registration (i.e. modify the sentence). At 17 and 14, I think your son qualifies for this. You need an attorney to help because there are no forms for this. Even though I'm an attorney, I'm still a little vague on this new law's application. It's going to require some strong words on paper to convince a judge, but I believe you may have a valid case.

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Answered on 1/03/10, 11:46 am
Jeanette Bigney Jeanette Dejuras Bigney, P.A.

If your son has no criminal history, it is more likely that juvenile delinquency court will keep jurisdiction. This is a decision made by the Office of the State Attorney. Based on your question, I am assuming he already entered a plea. There are limitations on Motions to Withdraw a Plea, and appeals.

If he has not entered a plea and the case is forthcoming, an attorney can assist your son's defense, especially if there is no witness testimony.

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Answered on 1/15/10, 8:07 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Has he been tried? The sex offender provision you reference applies after conviction and is about registration as a sex offender. Sounds like he would qualify.

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Answered on 1/20/10, 8:45 am


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