In Florida, an individual who is 18 years of age or older can consent to sex with a person who is also 18 years of age or older. A person who is 16 years of age or older can consent to sex with a person who is between the age of 16 and 18.

Homosexual Age of Consent

On its face, the Florida age of consent laws only apply to heterosexual conduct (i.e. sex between a man and a woman). Currently, Florida law, on the books, makes all homosexual conduct illegal, regardless of age.

However, the Supreme Court recently found such laws, as applied to consenting adults in private situations, to be unconstitutional. Hence, it is unclear whether Florida’s age of consent only applies to homosexual conduct. It is possible that a state court would defer to the age of consent for heterosexual conduct, especially since those laws are written in gender-neutral language.

Statutory Rape Penalty

In Florida, the crime of statutory rape can carry a penalty of up to 15 years in prison. Statutory rape is sexual conduct between a person 18 years or older and a children under 16 years of age. It does not matter if the child consented to the sex.

Consulting an Attorney

A florida criminal lawyer can help you if you are accused of rape or if you want to press charges against a person. A lawyer can represent you in court, and help you strategize your legal approach.