In this post I will discuss what you need to know about sex and the law in the state of Florida. The laws very from state to state, so it’s important to check the legal statues of the state in which you reside.
For those of you working in the school system as a counselor, or those who provide counseling to children/adolescents,it is important to understand the legal aspects of sexuality. As mandated reporters, you need to know when to report, as well as inform clients of the legal consequences of their decisions. Please keep in mind this is not a commentary on healthy or developmentally-appropriate behaviors, but rather just the law.
Let’s start with the age of consent. What follows is a list of legal sex partners by age.
15 years old or younger: nobody
16 or 17 years old: 16 to 23 years old
18 to 23 years old: 16 years old or over
24 years or older: 18 years old or over
Examples of what is legal:
- both partners are 16
- both partners are 17
- both partners are 18 or over
- one partner is 16 the other 20
- one partner is 17 the other 21
What is illegal:
- Both partners under 16 (even if both are willing)
- One partner under 18 and the other over 23
Just how illegal is this?
According to Florida Statute 794.05:
If you are 24 or over, and you have sexual activity with someone who is 16 or 17, you have committed a felony of the second degree.
(sexual activity is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another”)
Ignorance of the victim’s age is no defense.
What does this mean for counselors?
We must educate our clients or students!
- We must teach them that sex must be safe, consensual AND legal.
- We must tell them that it isn’t enough to accept someone’s word that they are of appropriate age, and even checking their ID may not be enough (they may have a fake one!)
- We must explain to them that alcohol not only clouds their judgement, but removes the ability to consent. If someone has too much to drink, it is impossible for that person to legally say “yes” because they have lost their ability to use good judgement.
- We need to teach them that if they are convicted of sex with a minor, they will be labeled a “sex offender” for the rest of their lives. That’s how serious this is.
Yours in the Joy of Knowledge,
Dr. Barbara LoFrisco
