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And for information about rape between spouses, see Florida Marital Rape Laws.

Statutory rape is prosecuted under Florida’s sexual battery and lewd and lascivious conduct laws.

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Statutory rape charges may be filed against anyone over the age of 24 who has consensual sexual intercourse with a minor or anyone between 18 and 24 who has non-consensual intercourse with a minor aged 16 or 17.

Unless the minor is 16 or more years of age, the parents have the authority of consent.

Penalties depend on the ages of the defendant and victim.

The offense is broken into categories, and penalties vary depending on the circumstances of the crime, as described below.

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Penalties include at least 25 years (and up to life) in prison.

If the victim was 13, 14, or 15 and the defendant was 18 or older; or the victim was younger than 12 and the defendant was 17 or younger, penalties include at least four years and three months (and up to 15 years) in prison.

Their incapacity is written into the statute—hence the term “statutory” rape.

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