The Consequences of Relations with an Older Teen
Individuals who work with juveniles are held to a very high standard of behavior by the public. Whether the title is teacher, scout leader, coach or mentor, these adults are expected to act in a manner that sometimes surpasses human nature. For example, elementary school teachers are sometimes discouraged from hugging students, even if the child is visibly distraught. Scout leaders are no longer willing to host sleepovers or campouts for fear of assault allegations. While the repugnance of child sexual assault cannot be denied, situations do occur where accused individuals believe that they are in genuine relationships with older teenagers.
CBS News affiliates are reporting about a high school worker who is currently facing charges of sexual allegations involving a 17-year-old student. The security specialist is accused of paying the girl for sexual favors, including the purchase of a cellular phone for the communication of private messages. According to the report, the teen alleges that she had sex with the man against her will. She reportedly told him to stop during the act, and he complied. The incident resulted in charges of sexual battery, unlawful sexual activity with a minor and contributing to the delinquency of a minor. The accused is banned from the school and termination of his employment from the school system is pending.
The Florida Law
Florida Statute 794.05 speaks to unlawful sexual activity with certain minors. The law includes several provisions:
- The accused must be 24 years of age or older;
- Sexual activity with a person aged 16 of 17 years old (here, sexual activity includes oral, anal, or vaginal penetration by sexual organ or other object); and
- Prior sexual conduct by the victim is irrelevant.
The crime is classified as a felony in the second degree, with a possible punishment of up to 15 years imprisonment.
Florida Statute 827.04 is the contributing to the delinquency of a child law. Under this statute any person who does the following is guilty of a first degree misdemeanor:
- Commits an act that causes, encourages or contributes to a minor becoming delinquent or in need of service; or
- Induces by act, threat, or persuasion a child to perform any conduct or live in a manner that causes the child to become delinquent or in need of service.
Punishment for conviction of this crime may lead to a maximum of one year of incarceration. In addition, this statute states that any person aged 21 years or older who impregnates a child under the age of 16-years-old is guilty of a third degree felony, punishable by up to five years imprisonment.
The seriousness of these allegations require a clear and comprehensive defense. A defendant’s freedom, financial well being and reputation are all at stake under these allegations. If faced with charges involving mistreatment of a minor, contact an experienced attorney. Our Miami attorneys can provide you with an aggressive and comprehensive defense. Contact Ratzan & Faccidomo, LLC today at (305) 330-3905 for a confidential and free consultation.