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If a 15 year old boy has sex with a girl who is 18, is that considered rape in the state of florida?

Orlando, FL |
Filed under: Criminal defense

they both agree to have sexual contact

Attorney Answers 2


Age of consent in Florida is 18. BUT, a person 23 or under is legal with a child of 16 or 17. No such exception for a 15 year old. The girl has committed what is often called statutory rape. A 15 year old cannot consent.

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While it is statutory rape for an 18 year old in Florida to have sex with a 15 year old, I doubt that law enforcement will be interested in prosecuting the case. Nonetheless someone should sit down with both of these "consenting people" and instruct them that the law does not allow this type of activity because a 15 year old can't legally consent.

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