A West Palm Beach football coach was sentenced to two years in prison, despite pleas for leniency from the 14-year-old teen victim and her parents.
Ruben Tirado, 21, an assistant coach at Seminole Ridge High School in Florida, was seen on security cameras kissing, fondling and sexually assaulting the girl on campus. The teen told investigators that he was an old family friend, and the attraction was mutual.
According to court records, the teen and her parents said they didn't wish to prosecute. Prosecutors still charged Tirado with two counts of lewd battery and one count of offense against a student by an authority figure, and he was sentenced to two years in prison, followed by four years of sex-offender probation.
What are the age of consent
laws in Florida, and why can't victims or their families refuse to press charges? Here's what to know. Please consult an attorney for specifics.
What is the age of consent in Florida?
Florida's age of consent is 18 years of age.
Anyone 18 or older may consent to sex with anyone else 18 and older, and anyone younger may not legally consent to sexual activity. This is to protect the minor from exploitation, even if the minor feels otherwise.
Ignorance of the child's age or approval from the parents is not a defense. Neither is marriage or child emancipation.
After that, it gets a little more complicated, as the state is more concerned with older adults abusing teenagers and less with older teens having sex with someone close to their age.
Under state law, someone who is 16 or 17 can willingly have sex with someone else who is under the age of 24 and no crime is committed. But no one under the age of 16 in Florida can legally consent to sex with anyone, no matter what their age is.
If the older person is 24 years of age or older, any sex with someone 17 or younger is considered statutory rape, a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and mandatory sex offender registration.
If the victim was from 12 to 15, it becomes a first- or second-degree felony, punishable by up to 30 years. If the victim was under 12, it's a capital or life felony punishable by 25 years to life imprisonment.
These charges all apply to sex with a minor who was willing, without coercion, bribes, threats of force or intimidation. Forced sex is considered anywhere from lewd and lascivious battery to aggravated sexual battery, depending on the severity, actions, injuries, and the ages involved, and penalties go up dramatically. Florida takes adults trying to sexually assault children seriously, with some of the harsher laws in the country.
That said, in 2007, Florida lawmakers added a "Romeo and Juliet" law for situations when a close-in-years relationship was desired by both parties, to reduce the consequences for the older person.
What is Florida's 'Romeo and Juliet' law?
The Romeo and Juliet law does not make adults having sex with minors legal, even if the people involved and their families refuse to press charges. The older person can still be convicted and punished.
But under this law, the accused can petition not to be put on a sex offender registry, provided that:
- The younger person was between 14 years of age and 17 years of age at the time
- The older person is no more than four years older than the younger one
- The younger person consented, and
- The accused has no prior sexual crimes
Convicted people who meet the criteria set forth in the Romeo and Juliet law may also get lighter sentences.
People in authority over children face more prison time
Under Florida Statute 794.011(8)(b), anyone in "a position of familial or custodial authority" over a child from age 12 to 17 who engages in sexual activity with them is automatically charged with a first-degree felony.
In 2014, the Florida Legislature passed a law to enhance penalties if the accused works in a school. Teachers, educators, coaches and athletic staff get their felonies reclassified to the next higher level.
Religious leaders and healthcare providers may also lose their professional credentials or medical licenses.
C. A. Bridges is a journalist for the USA TODAY Network-Florida's service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday by signing up for the free newsletter, Florida TODAY.
This article originally appeared on Palm Beach Post: What to know about Florida's age-of-consent, Romeo and Juliet laws
