my girlfriend is 16 and im 20 we had sex once and she said if i try breaking up with her she would call the cops and say i basically raped her its really freaking me out
What a lovely relationship you two have. Try this: "google" the phrase "age of consent in FL" and form your own conclusions. Legal or not, she's a minor and you're 20 you should violate someone your own age or at least over the age of 18. That's my opinion.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
What you describe is legal in Florida as long as with consent. But perhaps choose someone with more maturity next time.
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You should consult with a Florida attorney and don't post any more online. The issue of consent is irrelevant at an age less than 16. You indicated that it was once but did not mention whether she was younger than 16 at the time. Otherwise, you are probably reflecting on the Romeo and Juliet Rule which you are inside of given your age of 20 vs. 24. Romeo and Juliet, however, does not protect against non-consentual contact.
As long as she was at least 16 when you had the sex, you can go ahead and make all the unwanted babies you want to.
That is the position you put yourself in when you have sex with a minor. Even though a 16-year-old may have consensual sex with someone up to age 23, you may still be charged with lewd and lascivious conduct with a minor. It's up to them whether they can prove it later and they may wind up dismissing the case or offering you diversion. But you cannot beat the right to the jailhouse. That's what the state attorneys have been doing in such cases in South Florida, so beaware.
Yes, you are now her "hostage". you must decide whatever you want to do, however the police may arrest you just on her word that you had sex with her while she was 16 or maybe when she was 15.
You may wind up going to jail and having to pay lots of legal fees in order to try to get free of charges wherein state prison may be looming over your head. Was it worth it?
Leave jailbait alone. Next time, check her ID and make sure she is 18 or above. That's my opinion.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
I agree with several other contributors who have mentioned that your girlfriend has the ability to consent, but the question revolves around her accusing you of non-consensual sexual relations, which is never all right. If you break up and she goes to the police, chances are you will at least be contacted to "give your side of it." However much you want to explain your position, don't. Anything said can be twisted against you later on. If law enforcement wants your statement, hire a criminal defense attorney. Immediately. A sexual prosecution can ruin you, even if later you are aquitted of the offense. better that you attorney deal with the cops, then you do.
Remember, anyone can accuse anyone else of doing something with or to them at anytime. You have to take precautions. In this event, you may want to consider finding a girlfriend who is an adult.
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