Understanding Florida’s Romeo and Juliet Law
Florida has a law, called the Romeo and Juliet law, which provides an exception to our state’s statutory rape rules for minors who are close in age and engaged in a consensual relationship. It allows those who meet specific criteria to petition the court to avoid sex offender registration, although it does not legalize sexual activity with a minor. The law aims to protect young adults from the lifetime consequences of sex offender registration when their conduct falls within the parameters of a consensual relationship committed by two young adults who are close in age.
How does the law work?
Florida law recognizes that teenagers engage in consensual sexual relations within their age group. The law provides a potential pathway to avoid sex offender registration for individuals who have sex before the age of majority. It’s important to understand that the law doesn’t legalize sexual relations between minors. The primary benefit of the law is to allow individuals to petition the court for relief from sex offender registration requirements.
When does the law apply?
For the law to apply, the older individual cannot be more than four years older than the younger one. The younger person must be between the ages of 14 and 18. The sexual activity must be consensual, meaning the minor willingly agreed to it. Lastly, the older individual must have a record clear of sex crimes.
It’s important to understand that even if the Romeo and Juliet criteria are met, the prosecution can still pursue statutory rape charges at their discretion. Meeting the criteria does not automatically guarantee exemption from registration. It’s also important to understand that sex offender registration can have a significantly negative impact on your future prospects for employment, housing, and more.
What factors will a judge consider when deciding on a Romeo & Juliet petition?
- Criminal record – Any history of past offenses, even if they’re not sex-related, can influence the court’s decision.
- Similar prior behavior – Evidence of previous relationships, even if they don’t lead to a conviction or arrest, can be a disqualifying factor.
- Coercion – If the relationship appears to be coercive, the court may deny the petition.
- Substance involvement – If the offender provided drugs or alcohol to the victim, it can be taken as an aggravating circumstance.
- Disregard of warnings – If the alleged offender disregarded warnings from parents or others to stay away from the victim, it could harm the defense’s case.
- Multiple relationships with minors – If the alleged offender engaged in numerous relationships with minors, it can raise concerns and lead to denial.
- Online targeting – If the alleged offender sought out the underage victim through an online platform or chatroom, it could negatively impact their petition.
- Position of authority – If the alleged offender held a position of authority over the victim, it could suggest exploitation.
Talk to a Tallahassee Sex Crimes Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of individuals facing sex crime prosecution. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
