In Florida, is it illegal for a 20 year old female to have sexual intercourse with a 16 year old male.
3 attorney answers
In Florida gender is irrelevant. What is relevant is age, and, depending upon the age, then consent.
A 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger.
If you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is either 24 or older or younger than 16, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.
That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor's behalf and against the minor's will in the form of a restraining order / injunction for protection.
If the Court believes that it is in the minor's best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.
Whether or not a Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.
That's the law. Its black and white. No exceptions. No excuses. No wiggle room. If either the minor is under 16 or the adult is over 23 then its a 100% "NO", and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.
I hope that I have been helpful in answering your question.
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It's legal. In Florida, a 16 or 17 year old can have consensual sex as long as their partner is under age 24.
This answer is not intended to establish an attorney-client relationship. The answer given is based upon the question posted; the answer could change based upon additional facts or circumstances not included in the original question.
While I agree with Ms. Bourdon, that a 16 year old can consent to sexual intercourse for the purposes of "Statutory Rape", I have seen prosecutors in Marion County file charges of contributing to the delinquency of a minor, even where there was clearly consent. This was usually at the urging of the child's parents, rather than the child.
Proceed with caution.