We have all heard of, or watched some Hollywood version of, Romeo and Juliet but what is Florida’s “Romeo and Juliet Law” –and what does it mean for young defendants charged with sex crimes?
Florida’s Romeo and Juliet law is a legal provision known as the close-in-age-exception which allows defendants convicted of sex crimes with a minor to remove the requirement to register as a sexual offender or sexual predator if approved by the court. This law has gained attention due to its ability to prevent young people from facing lifelong consequences from having to register as a sex offender or predator under specific circumstances.
The law aims to prevent young people from being labeled for a lifetime by a consensual relationship with a partner that is not more than 4 years younger than the offender. In order to petition a court under this statute, the victim must be 13 years of age or older, and younger than 18 years old at the time the offense occurred. Offenders who meet these requirements may petition the court to be removed from the sex offender registry; however, approval is within the discretion of the court.
It is important to understand that although this Florida statute allows convicted sex offenders or predators to petition the court to be removed from the sex offender list, it in no way legalizes sexual relationships with a minor. The age of consent in Florida is 18 years of age and sexual activity with anyone younger than that is still unlawful. Additionally, this statute does not apply if the actions with the minor were against the will of the child. This law is not a safe harbor for those who have sexual contact with minors.
Under no circumstance can a child under the age of 18 provide consent for sexual activity. Sexual battery charges with minor victims are a type of strict liability charge in which the consent of the victim, or an offender’s lack of awareness of the alleged victim’s true age, does not matter. It is not a defense to such crimes that the alleged victim lied about their age or even that one was in a fully consenting relationship with the victim. This is why it is important for adults to understand that under no circumstance is it lawful to have sexual relations with a minor child.
The sexual history or conduct of an alleged victim is not a relevant issue under the determination of whether a petition may be granted. If an offense is committed which leads to the alleged victim becoming pregnant, then paternity will be established and if it is determined the offender is the father he will be liable to pay child support.
If a convicted sexual offender or predator meets the criteria above, and their petition is granted this will allow the offender to be taken off the sex offender list and may even result in reduced sentencing. Even if this petition is granted and the sex offender registration requirement is removed, there will still be information about the offense accessible through public records. This petition, if granted, will not undo any conviction and does not lessen the seriousness of the crime committed. This petition also does not affect the inability of such crimes to be sealed or expunged from an offender’s record.
In the State of Florida sealing and expungement is not available for most sex offenses regardless of whether they are misdemeanors or felonies. However, there are some sex offenses that might be expunged if the offender was found not guilty by a jury, the criminal charges were dropped, or in some cases if the offender has no other conviction.
This law was created in 2007 to address the issue of high-school-age young adults being registered as sexual offenders or predators due to participating in consensual sexual activity with their peers who happened to be under the age of 18. For many young adults, the alleged victims of their sex offenses are people they once attended the same high school with and developed relationships with while they were minors. The Romeo and Juliet law does apply retroactively and an offender who was convicted prior to 2007 may still petition the court to be removed from the sex offender list.
The Romeo and Juliet law addresses the consequences and stigma that come with being registered as a sex offender or predator as well as the implications the registration will have on the offender’s ability to freely choose where they live and work. A sex offender or predator cannot live within 1,000 feet of a playground, park, daycare, or school.
Beyond the limitations on where a sex offender can live or work, there are also the social issues such as an inability to attend their children’s school functions or even visit a public library without notifying the librarian they are in the building. The goal of this law is lighten the ramifications for offenders who have had consensual relationships with close-in-age alleged victims.
Please call O’Mara Law Group to schedule a free initial consultation if you’re interested in learning more about Florida’s Romeo and Juliet law, and what it means for young defendants.
