Q: Is there anyway of fighting charges for my boyfriend who was 19 at the time getting me pregnant when I was 3 months from being 16? We have been in a ongoing relationship with my mothers consent since I was 13 years old (he was 17) I’m now 16 and he just turned 20 in May. I conceived in January . My 16th birthday fell in April his 20th birthday fell in May.
A:
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/is-there-anyway-of-fighting-charges-for-my-boyfrie-1335578.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
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Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Brian Frederick Greenwald
Criminal Defense Attorney – Fort Lauderdale, FL
Don Waggoner
Criminal Defense Attorney – Kissimmee, FL
Melissa Moore Stockham
Criminal Defense Attorney – Lake Mary, FL
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Jason Barrett Snyder
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Mark E. A. Bakay
Criminal Defense Attorney – Winter Park, FL
Paul T Zeniewicz
Insurance Law Lawyer – Orlando, FL
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Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Criminal Defense Attorney – Jacksonville, FL
Brian Frederick Greenwald
Criminal Defense Attorney – Fort Lauderdale, FL
Criminal Defense Attorney – Fort Lauderdale, FL
Don Waggoner
Criminal Defense Attorney – Kissimmee, FL
Criminal Defense Attorney – Kissimmee, FL
Melissa Moore Stockham
Criminal Defense Attorney – Lake Mary, FL
Criminal Defense Attorney – Lake Mary, FL
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Deltona, FL
Jason Barrett Snyder
Lawyer
Lawyer
Mark E. A. Bakay
Criminal Defense Attorney – Winter Park, FL
Criminal Defense Attorney – Winter Park, FL
Paul T Zeniewicz
Insurance Law Lawyer – Orlando, FL
Insurance Law Lawyer – Orlando, FL
Lawyers agree
1
Answered . In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes).
Still, in Florida the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case).
From what you have proffered it sounds to me as though there are some solid mitigating circumstances which the State should consider in regard to this particular offense. Your b/f’s criminal defense lawyer will likely determine the best strategy to organize and communicate them to the State, but, if you want to increase your odds at successfully “fighting charges for my boyfriend” then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate.
Again, no one can control what the State does on behalf of the people, but the combination of a) compelling mitigating facts, b) a good criminal defense lawyer and c) a victim’s rights advocate gives you as good a shot as you’re likely to get at a positive outcome.
That said, 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.
But. 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 24 or older, 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 the its a 100% “NO”, and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.
Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ – and click on the “Find A Lawyer” tab).
Either way, best of luck!
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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