Florida law applies equally to male and female juveniles accused of sexual offenses, and prosecutors don't hesitate to file charges against girls. Many parents assume their daughters won't face serious consequences because most sex offenders are male, but that assumption can have devastating results for your child's future.
If your daughter has been accused of a sex crime in Okaloosa County, you need a Fort Walton Beach juvenile defense attorney who fully understands the legal nuances of juvenile sex offenses in Florida. This isn't the time to wait and hope the situation resolves itself.
Why Do Parents Assume Girls Won't Face Charges?
Research shows that roughly 90% of juvenile sex offenders are male, which means girls are a small, but very real, minority of offenders. Parents often believe that because their daughter is female, law enforcement will view the situation as less serious or more likely to be a misunderstanding.
Sometimes, parents even expect charges to be dropped once the State Attorney's Office reviews the case. That almost never happens without a defense attorney fighting for dismissal.
The reality is that girls do commit sexual offenses. And when they do, Florida's criminal justice system treats them like any other offender. The Department of Juvenile Justice doesn't make exceptions based on gender, and neither do prosecutors.
What Sex Crimes Can Female Juveniles Be Charged With?
Florida's sex crime statutes don't distinguish between male and female offenders. Possible juvenile sex offenses include:
- Lewd or lascivious conduct. This felony involves intentionally touching a child under 16 in a lewd manner.
- Sexual battery. Florida law defines sexual battery as oral, anal, or female genital penetration by, or union with, the sexual organ of another, or anal or genital penetration by any other object, without consent.
- Sexting and child pornography offenses. Florida's sexting law makes it illegal for minors to send or possess certain explicit images. A first offense is usually handled as a non-criminal civil citation, with later offenses becoming misdemeanors or felonies.
- Online solicitation of a minor. If your daughter is accused of asking another minor to send explicit photos or meet for sexual activity online, she can be charged with a third-degree felony. If the state alleges she traveled to meet a minor for sexual activity, she can also be charged with a separate second-degree felony.
Can My Daughter Be Tried as an Adult?
Yes, Florida allows prosecutors to transfer juveniles as young as 14 to adult court for certain serious offenses. The State Attorney can file a waiver motion or, in some capital or life-felony sexual battery cases, seek a grand jury indictment. She could face adult prosecution for a life felony, even though she's only 15. Once transferred, she can't be sent back to juvenile court.
What About "Consensual" Teenage Relationships?
Florida's age of consent is 18. Anyone under 16 cannot legally consent to sexual activity, period. Sexual contact with someone under 16 is criminal regardless of whether they willingly participated.
For 16- and 17-year-olds, sexual activity is only legal if the older partner is under 24. Under Florida Statute § 794.05, sexual activity between someone 24 or older and a 16- or 17-year-old is a second-degree felony. If your daughter just turned 18 and her boyfriend is 15, any sexual contact, including touching over clothing, can result in felony charges.
Florida's "Romeo and Juliet" law does not make close-in-age sexual activity legal. It only provides a pathway for some young offenders to petition for removal from the sex offender registry in limited circumstances.
What Should Florida Parents Do Immediately?
To protect your child’s rights and help to safeguard their future, parents should first stop all communication about the case. Tell your daughter not to discuss the allegations with anyone. Prosecutors routinely subpoena social media accounts and text messages.
Don't let your daughter speak without an attorney. Anything she says to law enforcement, school counselors, or Department of Children and Families investigators can end up in the state's evidence file. Make it clear that she should never waive her right to counsel.
Prepare for immediate restrictions. The court may issue a no-contact order preventing your daughter from contacting the alleged victim, which can force school changes. If the alleged victim lives in your home, you may face a DCF investigation and be required to implement a safety plan.
Most importantly, hire an Okaloosa County sex crime defense lawyer right away. You need someone who understands juvenile sex crime cases and can challenge the state's evidence effectively.
Are There Alternatives to Adjudication and Registry?
In some juvenile sex crime cases, yes, but only with strong legal representation from the start.
For lower-level or borderline cases, prosecutors may agree to diversion programs that keep your daughter out of the formal court system entirely. Successful completion of diversion can result in charges being dropped, avoiding adjudication and the lifelong consequences that come with it.
In other situations, a skilled defense attorney may negotiate a treatment-focused disposition that emphasizes counseling and rehabilitation rather than punishment. These resolutions can sometimes avoid formal adjudication or result in adjudications on reduced charges that don't trigger sex offender registration.
These outcomes aren't available in every case, and they're never automatic. They require early intervention by an attorney who understands both the technical defenses in sex crime cases and how to present mitigating factors to prosecutors.
