Learning that your child is facing statutory rape charges for a consensual relationship is a parent's worst nightmare. The legal system you thought would protect your child now seems to be an adversary, threatening their future with severe penalties for something that your child might not have known was a crime.
In this challenging time, it's crucial to understand Florida's Romeo and Juliet law and how it may protect your child if your child is charged with statutory rape.
The Romeo and Juliet Law: Potential Relief for Your Child
In 2007, Florida passed the Romeo and Juliet law (Statute 943.04354) to provide relief for some young couples engaging in consensual sexual activity. Under this law, minors between 14-17 can petition the court to remove the requirement to register as a sex offender if:
- The "victim" was at least 14
- The "offender" was no more than 4 years older
- The sex was consensual
- The "offender" has no other sex crimes on their record
The Florida Romeo and Juliet Law recognizes that not all statutory rape cases are predatory. It allows judges to look at the specific circumstances and grant exemptions from sex offender registration when appropriate. However, it's important to note that the sexual activity is still technically a sex crime. The Florida Romeo and Juliet law just provides relief from registration.
Why Is It Important to Avoid Being Put on the Florida Sex Offender Registry?
Being placed on the sex offender registry can have devastating lifelong consequences, especially for young people, including but not limited to:
- Housing. Registrants face housing restrictions that often prevent them from living near schools, parks, or other places where children gather.
- Employment. Employment becomes challenging as employers routinely screen for sex offense records. Many industries automatically exclude registered offenders, including education and childcare positions. Even jobs that don't involve contact with vulnerable populations often reject applicants on the Florida Sex Offender Registry.
- Education. Educational opportunities may be limited. Many colleges have strict policies about admitting registered sex offenders, and some ban them entirely. Technical schools and certification programs may also deny admission. This can prevent young offenders from pursuing their chosen career path or obtaining higher education.
- Social consequences. The stigma of being a registered sex offender can lead to isolation, depression, and difficulty maintaining relationships. Registrants may face harassment from neighbors, exclusion from community activities, and strain on family relationships. The psychological impact can be particularly severe for young offenders who must navigate these challenges during their formative years.
Registration also imposes significant practical burdens. Registrants must:
- Regularly update their information with law enforcement
- Notify authorities before any travel
- Report changes in employment or residence
- Submit to ongoing monitoring
- Pay registration fees
- Have their photo and address publicly available online
- Face restrictions on internet and social media use
- Comply with additional local regulations that vary by jurisdiction
International travel becomes extremely difficult, as many countries deny entry to registered sex offenders. Even domestic travel requires careful planning and coordination with authorities.
Take Steps Now to Protect Your Child’s Future
While the Romeo and Juliet law offers potential relief, it's not guaranteed. You must petition the court and present a strong case on behalf of your child. This is where having a skilled South Florida criminal defense lawyer like Robert Malove is essential.
At the Law Offices of Robert David Malove, we can:
- Determine if your child qualifies for Romeo and Juliet exemptions
- Gather compelling evidence of the relationship's consensual nature
- File persuasive petitions and motions with the court
- Advocate powerfully for leniency and exemption from sex offender registration
As a parent, seeing your child accused of a serious crime like statutory rape is devastating. But you don't have to face it alone. Our South Florida sex crime defense lawyers are here to guide you, fight fiercely for your child’s future, answer your questions, and keep you informed about your child’s case. Together, we can fight to protect your child’s future.