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Ignorance or Belief as to Victim's Age no Defense F.S. 794.021

Ignorance or belief regarding the victim's age is no defense in Florida when it comes to certain sexual offenses. Specifically, according to F.S. 794.021, the state does not recognize a defendant's claim that they did not know the victim was under the age of 18 as a defense in cases of sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or any other sexual offense committed against a minor. This means that if someone engages in sexual activity with a person who is under the age of 18, even if they believe the person is of legal age, they can still be charged with a crime.


The rationale behind this law is to protect minors from sexual exploitation and abuse. Minors are considered to be particularly vulnerable to sexual predators because they are not yet fully developed emotionally, psychologically, or physically. They may not have the maturity to understand the consequences of their actions fully or to give informed consent to sexual activity. As a result, the law seeks to impose a higher level of responsibility on adults who engage in sexual activity with minors, regardless of whether they know the person's age or not.


The law also recognizes that predators may use a victim's lack of understanding or naivety to manipulate. By pretending to be a friend, offering them money, gifts, or other incentives, a predator can lure a victim into engaging in sexual activity without fully understanding what they are doing. They may use psychological tactics to coerce the victim into sexual activity or exploit their vulnerability to satisfy their sexual desires. These types of situations can cause long-lasting physical, emotional, and psychological harm to the victim, which is why the state takes a zero-tolerance approach to sexual offenses against minors.


The consequences for violating F.S. 794.021 can be severe. Depending on the specific offense committed, a defendant may face anywhere from a few years to life in prison, as well as fines and other penalties. In addition to the legal consequences, a conviction for a sexual offense against a minor can also result in social stigma, loss of employment, and other long-term consequences.


It is important to note that the law does not apply to all sexual offenses. If the victim is over the age of 18, the defendant's belief as to the victim's age may be considered a valid defense in some cases. However, in cases where the victim is under 18, the law is clear that ignorance or belief regarding the victim's age is not a defense.


While some may argue that this law is too strict, it is essential to remember that the state is responsible for protecting its citizens, particularly those who are vulnerable. By imposing a higher level of responsibility on adults who engage in sexual activity with minors, the state is sending a clear message that this type of behavior will not be tolerated. It also serves as a deterrent to those who may be considering engaging in such behavior.


However, it is important to note that the law needs to be more foolproof. There may be cases where a defendant genuinely believed the victim was of legal age, but due to circumstances beyond their control, they were mistaken. In these cases, the defendant needs to have a skilled attorney who can help them build a strong defense and present their case in the best possible light.


Contact a Sex Crimes Attorney in the Orlando Area to Protect your Rights 


In conclusion, ignorance or belief as to the victim's age is no defense in cases of sexual offenses against minors in the state of Florida. The state takes a zero-tolerance approach to this behavior, recognizing minors' vulnerability and the potential harm that can result from sexual exploitation. While this law may be strict, it serves an essential purpose in protecting minors and deterring sexual predators. If you are facing charges for a sex crime involving a minor, it is essential to contact a criminal defense attorney as soon as possible to protect your future. The lawyers at Hanlon Law have valuable experience providing a strong, aggressive defense to people accused of sex crimes. We investigate the state's evidence against our clients, the circumstances of their arrest, and any other factors that may help in the defense. 


If you are facing sex crimes charges against a minor in Orlando, Florida, contact the attorneys at Hanlon Law today to protect your future.

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