Your teenage son was just arrested. The alleged victim is his younger sister. One child is being taken to juvenile detention, while the other needs medical attention and counseling. Your family is fracturing, and you have no idea how to protect everyone involved.
This situation calls for an experienced Florida sex crime defense lawyer who understands both the legal system and the unique trauma facing families where siblings are on opposite sides of a criminal case. At Flaherty & Merrifield, we've represented parents facing exactly this scenario throughout Okaloosa County.
How Florida Law Defines Sibling Sexual Abuse
Florida addresses sexual contact between siblings through several statutes. The penalties vary dramatically based on age and the specific alleged conduct.
Florida Incest Statute
Florida Statute 826.04 criminalizes incest when two people who know they are related by lineal consanguinity or as brother and sister engage in sexual intercourse. This refers to biological relations. If both siblings are legally capable of consent (typically 18 or older), this third-degree felony applies, punishable by up to five years in prison and a $5,000 fine.
Lewd or Lascivious Offenses Involving Minors
When one or both siblings are under 18, prosecutors typically charge under Florida Statute 800.04. Lewd or lascivious molestation occurs when someone intentionally touches the genitals, breasts, buttocks, or clothing covering those areas of a victim under 16 in a lewd or lascivious manner.
The severity depends on age:
- Victim under 12, offender 18 or older. This is a possible life felony with up to life imprisonment.
- Victim 12-15, offender 18 or older. This is charged as a second-degree felony with a 15-year maximum sentence.
- Both siblings under 18. Charges may still result in serious juvenile sanctions, including residential commitment.
Sexual Battery Between Siblings
Sexual battery under Florida Statute 794.011 is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.
If direct-filed to adult court, Florida's Criminal Punishment Code (CPC) applies an 80-point enhancement for sexual penetration under the adult scoring rules, resulting in substantially longer minimum mandatory sentences. These adult CPC scoring rules do not apply in juvenile dispositions.
What Happens Immediately After Arrest?
Understand the first 24 hours after your child is arrested for incest to help protect their legal rights.
Detention Hearing Within 24 Hours
Within 24 hours of arrest, the court holds a detention hearing. Placement decisions must be based on the Florida Department of Juvenile Justice's Detention Risk Assessment Instrument (DRAI). A judge decides whether your child stays in secure detention or gets released with conditions.
No-Contact Orders Between Siblings
In most sibling sexual abuse cases, judges issue a no-contact order at first appearance. This means the accused child cannot return home or have any contact with the sibling, even via text. Parents must prepare for temporary family separation, possibly lasting months, and arrange alternate housing or guardianship for the accused child.
DCF Opens a Separate Investigation
When the Department of Children and Families (DCF) is notified, it often opens a separate dependency investigation apart from the criminal case. Parents might face supervision orders, home inspections, or mandated therapy, regardless of the criminal case outcome. Criminal and dependency processes run simultaneously and independently.
Juvenile vs. Adult Court: A Critical Distinction
If your child is 14 or older and charged with certain violent or sexual felonies, Florida law allows prosecutors to transfer the case to adult court through "direct file." This is discretionary, not automatic, but when it happens, your teenager faces adult penalties. They could serve decades in state prison rather than receive juvenile sanctions.
In one case we handled, a 16-year-old boy in Destin accused of molesting his younger sister initially faced adult prosecution and a 15-year prison sentence. Through immediate intervention, we kept the case in juvenile court, where he completed a treatment program and avoided sex offender registration entirely.
Juvenile Court Sanctions and Evaluations
The Department of Juvenile Justice scores your child immediately after arrest using the DRAI risk assessment. This determines whether they go home or stay in secure detention.
State-Mandated Psychosexual Evaluations
Courts frequently order psychosexual evaluations during intake or pre-disposition. Judges rely on these reports when deciding treatment vs. residential commitment. These evaluations influence sentencing, treatment requirements, and whether the child is considered a continuing risk.
Possible Dispositions
If found guilty or entering a plea, possible restrictiveness levels of commitment include:
- Low-risk nonresidential commitment. Your child stays home under strict supervision, though this is often unavailable for sex-related offenses.
- Moderate-risk residential program. Your child stays in a locked facility where juveniles may have supervised community access.
- High-risk residential program. The facility involves a complete lockdown with no community access.
- Maximum-risk residential program. This outcome is reserved for the most serious offenses.
Sex Offender Registration
Some juvenile sex crime adjudications may result in sex offender registration, though judges and prosecutors often seek to avoid this outcome. Courts frequently withhold adjudication specifically to prevent lifetime registration requirements.
What Should Parents Do Right Away?
Stop all communication about the allegations. DCF and law enforcement may pressure you to facilitate a controlled phone call where the accused child apologizes. These calls are recorded if law enforcement authorization is obtained, and statements can be used as admissions in court. The Fifth Amendment gives your accused child the right to remain silent.
Contact a Fort Walton Beach juvenile defense attorney immediately. Make this your first call before the detention hearing. Hiring a criminal defense lawyer doesn't mean you don't believe your younger child. It means you're ensuring the truth comes out through a fair process.
Prepare for family separation. With no-contact orders likely, arrange temporary housing for the accused child with relatives or through other appropriate channels.