Q: What type of criminal charges could a person (18 years old) face for unknowingly spreading a STD to a 15 year old? What type of criminal charges could a person who is 18 years old face for unknowingly transmitting a sexually transmitted disease to a 15 year old in the state of Florida? Could it be charges for sexual battery and statutory rape? or simply statutory rape since the 18 year old didn't know about the disease? Thanks!
A: Chosen as "Best Answer" by Asker!
Answered . Sexual battery on a minor is the charge; spreading a STD is not a criminal offense unless the person knew that he had an STD and failed to disclose it. The sexual contact with a 15 y/o is, however, a very serious offense.
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.
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'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 then its a 100% "NO", and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.
I hope that I have been helpful in answering your question.
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.
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'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 then its a 100% "NO", and if both parties consent and fall within this age range then, for many reasons, it remains a delicate situation.
I hope that I have been helpful in answering your question.
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Asker
Posted about 1 hour ago.
Thank you very much! All the information you provided was very helpful.
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 6 minutes ago.
You are most welcome, and your kind feedback is most appreciated.
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