Statutory Rape

Statutory Rape Attorney in Daytona Beach

Nearly Two Decades Defending Volusia County Clients 24/7

When you or someone close to you is accused of statutory rape, the fear and pressure are immediate. Navigating Florida’s legal system while dealing with those emotions is daunting, and the decisions you make in the first hours and days can shape your available options. At Thompson Law, P.A., our statutory rape attorneys in Daytona Beach are available around the clock to provide guidance, protection, and confidential support from the very first call.

We understand how a statutory rape accusation can reach into every part of your life: your privacy, your reputation, your family, and your future in the Daytona Beach community. Whether you’re under investigation or already charged, you deserve a team that understands what’s at stake and knows how to fight for you.

With nearly two decades of criminal defense experience in Volusia County, we’re available 24/7 because urgent situations don’t follow a schedule, and early action matters.

When you reach out to our statutory rape attorneys in Daytona Beach, you get a confidential assessment with our team. Your situation, no matter how complex or sensitive, is met with respect, urgency, and zero judgment. Call us now at (386) 280-4977.

What Sets Our Defense Apart in Volusia County

Statutory rape cases in Daytona Beach are among Florida’s most serious criminal matters, tried in the Circuit Court of the Seventh Judicial Circuit. The attorney you choose can affect the direction of your case. At Thompson Law, P.A., we’ve spent nearly 20 years in Volusia County courts defending clients facing complex, sensitive sex crime charges, and we approach each client as an individual, never as just another file.

Our defense strategies are built around your specific situation. We keep you informed at every step, so you’re never left uncertain about where your case stands or what your options are. Our local familiarity with the Volusia County court system, including the prosecutors who handle these matters and how cases tend to progress, allows us to build plans grounded in real local conditions.

We know the fear and stigma that come with these charges. Open, honest communication is central to how we work. You and your family can reach us directly when new concerns arise, because we believe every client deserves both legal support and honest answers throughout this process.

Florida Statutory Rape Laws: What You Need to Know

In Florida, the term statutory rape commonly refers to unlawful sexual activity with certain minors under Fla. Stat. 794.05, which applies when a person 24 years of age or older engages in sexual activity with a person who is 16 or 17 years old. This charge is a second-degree felony carrying up to 15 years in Florida state prison, along with mandatory sex offender registration under Fla. Stat. 943.0435 and lasting restrictions on where a person can live, work, and travel. Sexual activity with a minor under 16 is addressed under separate and more serious statutes, including Fla. Stat. 794.011 and 800.04, which carry significantly harsher penalties.

Consent is not a defense under Florida law. A minor cannot legally consent, and a defendant’s belief that the minor was older isn’t recognized as a defense. Florida’s “Romeo and Juliet” provision under Fla. Stat. 943.04354 is not a pre-trial defense and does not prevent prosecution or conviction. It is a post-conviction petition that allows certain individuals convicted of qualifying offenses to seek removal from the sex offender registry, and it does not apply to convictions under Fla. Stat. 794.05. Where it does apply, the offender must be no more than four years older than a victim who was at least 13 but younger than 18 at the time of the offense. The court may deny the petition, and any denial is final. The Volusia County State Attorney’s Office, part of the Seventh Judicial Circuit, prosecutes these charges in Daytona Beach, and how law enforcement investigates your case can affect your available options.

If you’re under investigation or have been charged, don’t discuss your case with police, school officials, or anyone else until you’ve spoken with us:

Talking without counsel can limit your options later
Legal advice specific to Daytona Beach can help protect your rights
Our attorneys can walk you through the risks and court procedures in detail
We can clarify the impact of the charges and your next steps

Understanding how these laws are enforced in Volusia County is critical. We help you see the full picture and what to expect at each stage.

How Our Daytona Beach Statutory Rape Attorneys Fight for You

After an arrest or accusation, everything can feel urgent and uncertain. Our team acts quickly to advise you and protect your rights. When you contact Thompson Law, P.A., we start with a confidential conversation: listening to your account and outlining each step in plain language.

Initial Steps Following a Statutory Rape Arrest

We help you take the right steps after an arrest in Daytona Beach:

Contact our team as soon as possible
Avoid making statements to law enforcement
Gather any documents or messages related to the accusations
Identify possible witnesses or people who know the context
Prioritize privacy and discretion in early conversations

Building a Personalized Legal Strategy

Our attorneys immediately review the facts: not just what’s alleged, but how local authorities and prosecutors in Volusia County approach similar cases. We develop a tailored defense plan that may include contesting evidence, challenging procedural errors, assessing which statute and age bracket applies to the specific facts, or negotiating with prosecutors when that aligns with your goals. You receive regular updates throughout, so you always know where your case stands and what your options are.

We’re with you at each court appearance and administrative stage, and we provide practical guidance for you and your family when you need it most.

Why Local Experience Matters in Daytona Beach Courtrooms

Statutory rape cases in Daytona Beach are prosecuted in the Circuit Court of the Seventh Judicial Circuit, which holds court at the Steven C. Henderson Judicial Center in Daytona Beach as well as in DeLand. Every county follows Florida law, but Daytona Beach has its own court personnel, procedures, and patterns for handling sensitive criminal charges. Our attorneys have spent years in these courtrooms and know the tendencies of the prosecutors and judges who may handle your case.

That familiarity can translate into more accurate case timelines, better insight into how certain arguments are received, and faster action when emergency issues arise. Our physical offices in both Daytona Beach and DeLand let us meet with you promptly and prepare for local hearings without delay.

There’s a real difference between hiring an attorney who practices in Volusia County and one who doesn’t. Local experience means knowing the system: its people, its patterns, and its pressure points before your case ever reaches a courtroom.

To speak confidentially with our team, call (386) 280-4977.

Frequently Asked Questions

How Quickly Can Your Team Help After an Arrest in Daytona Beach?

We provide immediate support the moment you contact us. Our team is available 24/7 to respond to emergency calls and guide you through the first critical steps after an arrest or accusation. A fast response can help protect your rights and build a stronger foundation for your defense. If you’re in Daytona Beach or anywhere in Volusia County, call us at any hour.

Will My Case Be Kept Confidential From My Employer or Community?

We treat every client’s case with confidentiality. Our process is designed to protect your privacy throughout an investigation and any court proceedings. While some case details may become part of the public record, we limit exposure as much as the law allows and respect your need for discretion.

What Defenses Are Available for Statutory Rape Charges in Florida?

The right defense depends on the specific facts of your case. We may investigate the alleged minor’s actual age, assess the evidence and communications involved, evaluate which statute and age bracket applies, or identify procedural errors by law enforcement. Florida’s “Romeo and Juliet” provision under Fla. Stat. 943.04354 is a post-conviction petition for removal from the sex offender registry, not a pre-trial defense, and it doesn’t apply to convictions under Fla. Stat. 794.05. Whether it could be relevant in a given case depends entirely on the charges and facts involved. We discuss your options early and keep your interests at the center of every decision.

What Are the Potential Penalties If Convicted of Statutory Rape?

A conviction under Fla. Stat. 794.05 is a second-degree felony. Penalties can include up to 15 years in state prison, mandatory sex offender registration, and restrictions on employment, housing, and residency. The outcome depends on factors including the ages involved, the exact charges, and prior criminal history. Our attorneys help you understand the specific risks in your case and work to reduce or mitigate those outcomes where possible.

Why Choose a Local Statutory Rape Attorney Instead of a Firm From Outside Daytona Beach?

Local attorneys know the Steven C. Henderson Judicial Center, the Volusia County State Attorney’s Office, and how the Seventh Judicial Circuit typically handles these cases. Out-of-area attorneys may lack that familiarity or the ability to respond quickly when issues arise. Local representation can mean faster action, more informed strategy, and in-person support from people who know your courthouse.

How Does Your Team Support Clients and Families Through This Process?

We go beyond legal representation. Our team provides regular updates, honest conversations, and judgment-free advice. We encourage families to ask questions and stay involved, and we help you manage the stress and practical challenges that can come with facing serious charges, not just the legal steps.

Reach out to us today. Our goal is to help you protect your rights in Daytona Beach and start building your defense immediately.

How Florida Law Distinguishes Statutory Rape From Related Sex Offenses

Florida Statute 794.05 is a strict liability statute, meaning a defendant’s genuine belief that the minor was 18 or older isn’t a recognized defense under Florida law. That said, the prosecution must still prove every element beyond a reasonable doubt: that the defendant was 24 years of age or older, that the other person was 16 or 17, and that qualifying sexual activity occurred as defined by the statute. Understanding exactly what the state must prove shapes the entire direction of a defense strategy.

How 794.05 Differs From Sexual Battery

Florida Statute 794.05 is legally distinct from sexual battery under Fla. Stat. 794.011, which involves force or a victim who is physically or mentally unable to consent. That distinction matters because the two charges carry different penalty ranges and different available defenses. A charge under 794.05 is serious, but it isn’t the same offense as sexual battery. Conflating the two can lead to a misunderstanding of the actual legal exposure a defendant faces.

How Age Brackets Determine Which Statute Applies

Age brackets determine which statute applies and how severe the potential consequences are. Florida Statute 794.05 applies only when the defendant is 24 or older and the other person is 16 or 17. A person aged 18 to 23 who engages in sexual activity with a 16- or 17-year-old doesn’t fall under 794.05, though other statutes may apply depending on the circumstances. Sexual activity involving a person under 16 isn’t covered by 794.05 at all. Those situations fall under Fla. Stat. 794.011 or 800.04, statutes that carry significantly harsher penalties, including potential life sentences in the most serious cases.

One additional provision applies in narrow circumstances: if a conviction under 794.05 directly results in the victim giving birth to a child, Florida law requires that paternity be established and child support be ordered as part of the case outcome.

The Romeo and Juliet Provision and Its Limits

Florida’s “Romeo and Juliet” provision under Fla. Stat. 943.04354 allows certain individuals convicted of qualifying offenses to petition for removal from the sex offender registry after conviction. It does not apply to convictions under Fla. Stat. 794.05. Where it does apply, the offender must be no more than four years older than a victim who was at least 13 but younger than 18 at the time of the offense. Whether this provision is relevant to a particular case depends entirely on the charges involved.

Because the applicable statute and penalty range turn on the ages involved and the specific facts alleged, consulting with a statutory rape defense attorney in Daytona Beach early allows a full evaluation of which charges actually apply and what defenses may be viable from the outset.

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View Recent Results

All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
All Charges Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no