Statutory Rape Defense Attorney in Miami

Former Prosecutor. Aggressive Defense for Unlawful Sexual Activity Charges in Miami-Dade.

Florida’s statutory rape statute removes the defenses most people assume are available. You can’t argue the other person consented, that you believed they were older, or that they misrepresented their age. That legal reality makes the quality of your defense attorney’s investigation critical. At The Law Offices of Eric M. Matheny, P.A., Attorney Eric M. Matheny draws on his years as a state prosecutor to examine your case the way the other side will, then build a strong factual and procedural challenge based on the circumstances of your case.

If you or someone you know is facing a statutory rape allegation in Miami, don’t wait. Call us at (305) 504-6655 for a free case evaluation. We’re available 24/7 for new clients.

Florida’s Statutory Rape Law: What You’re Actually Charged With

Florida Statute Section 794.05, titled “Unlawful Sexual Activity with Certain Minors,” is the law most people call statutory rape. Florida sets the age of consent at 18. Under this statute, a person who is 24 or older and engages in sexual activity with a minor who is 16 or 17 can face a second-degree felony charge, which generally carries up to 15 years in prison and a $10,000 fine. Repeat offenders can face harsher exposure.

The statute includes a close-in-age provision: sexual activity between a 16 or 17-year-old and a partner who is 23 or younger isn’t prosecuted under Section 794.05. A separate offense covers younger victims. Lewd and lascivious battery under Fla. Stat. Section 800.04 applies to sexual activity involving minors between the ages of 12 and 15 and carries its own distinct penalties.

Why Consent Is Not a Defense in Florida

Florida treats unlawful sexual activity with minors as a strict liability offense, meaning the prosecution doesn’t have to prove you knew the alleged victim’s age or intended to break the law. Under Fla. Stat. Section 794.021, both a reasonable belief that the alleged victim was older and ignorance of their actual age are expressly barred as defenses. The alleged victim’s willingness, agreement, or even initiation of the activity doesn’t change the charge. Their prior sexual history is also not a relevant issue under the statute.

That’s precisely why defense work in these cases focuses elsewhere. Rather than attacking consent, an effective defense examines the investigation itself: how evidence was gathered, whether constitutional rights were observed during the arrest, and whether the factual record actually supports the charge as filed.

Sex Offender Registration & the Romeo and Juliet Law

A conviction under Florida’s statutory rape statute generally requires registration as a sex offender. The registry is a lifetime, publicly searchable database listing a person’s name, age, physical description, and offense details. In Miami-Dade County, registration also carries residency and employment restrictions that local authorities actively enforce.

Florida’s Romeo and Juliet law, Fla. Stat. Section 943.04354, creates a limited path for certain individuals already convicted. When the age gap between the parties was four years or less and the victim was at least 13, a convicted person may petition for removal from the sex offender registry. That matters, but it’s important to understand what the law doesn’t do: it addresses only the registry requirement. It doesn’t undo the conviction or erase the underlying offense from your record.

How We Approach Statutory Rape Defense in Miami

Because consent-based defenses aren’t available under the statute, our review starts with the evidence and the investigation. Attorney Matheny spent years prosecuting cases in Florida’s courts. He knows how these cases are built from the state’s side, and that background shapes every step of our defense work.

Our case review covers:

• Arrest and search validity: Whether police followed proper constitutional procedure during the arrest and any evidence collection
• Chain of custody: Whether physical evidence was handled and preserved in a way that holds up to challenge
• Witness credibility: What the statements in the record actually say and where inconsistencies exist
• Charge accuracy: Whether the facts as alleged actually satisfy each element of the statute charged

Attorney Matheny has tried more than 50 jury and non-jury trials. We prepare every case as though it will go before a jury, which means we’re ready whether the case resolves at a pretrial hearing or proceeds through the Richard E. Gerstein Justice Building. Miami-Dade prosecutors assign sex crime cases to dedicated units with significant experience, and our preparation reflects that reality.

Consequences That Extend Beyond a Prison Sentence

A conviction for unlawful sexual activity with a minor reshapes nearly every part of a person’s life. Registry restrictions limit where you can live and work. Florida family courts weigh a sex crime conviction heavily when evaluating custody or visitation rights. For non-citizens, certain convictions can trigger immigration consequences, including deportation proceedings, depending on the charge and immigration status.

We address these collateral consequences from the first consultation, not after a plea is entered. Understanding the full picture of what’s at stake is part of how we build a defense strategy that accounts for your life, not just the immediate charge.

Get a Free Case Evaluation from a Former Miami Prosecutor

A statutory rape allegation is one of the most serious situations a person can face. The right time to involve an attorney is before you say anything further to investigators. We offer free case evaluations, we’re available 24 hours a day, and we offer payment plans to make representation accessible.

Contact The Law Offices of Eric M. Matheny, P.A. today at (305) 504-6655 to speak with Attorney Matheny about your case.