Skip to main content

Is there really no defense to LEWD OR LASCIVIOUS BATTERY if the girl/victim tells you shes 18, shows a fake ID and makes a state

Jacksonville, FL |

and makes a statement to authorities? this is a question post conviction. Im curious about a potential employee that I considered and it got my attention and looked into to his story. Was there nothing he could have done, or afterwards? the main question i sthe first however, is there no legal defense?

+ Read More

Attorney answers 3

Best Answer

Statutory rape is a strict liability crime within the state of Florida. What this means essentially is that "mistaken belief" is not a defense.

Florida Statute Section 794.021 (which states: "When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense. ") is pretty clear as to Florida's stance: keeping it in your pants is the only sure-fire way to avoid prosecution.

In the instance adjudication was withheld in this instance, however I would be happy to speak with you further and can be reached at 305-322-9971.


Every crime can potentially have a legal defense. Your friend hopefully had an experienced attorney who explored his defenses before he pled.


These cases are difficult. Her age/mistaken age is not a legal defense but he may have had other viable defenses and important factors that could minimize his culpability and possibly his sentence..

Bryce A. Fetter, P.A.
2431 Lee Road
Winter Park, FL 32789
Tel 407-740-7275
Fax 407-809-5261