Is it stautory rape for a 44 year old woman to have sex with her 18 year old stepson?

UPDATED: Sep 30, 2022

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Is it stautory rape for a 44 year old woman to have sex with her 18 year old stepson?

This woman put her foot in this boys lap and was rubbing his penis to get it stimulated she ineciated it and
it went from there. This 44 year old married woman done this to her 18 year old step son in Florida

Asked on July 4, 2017 under Criminal Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is legal if he was 18 at the time they first had sex; 18 is the age of full consent in your state. If he was 16 or 17 at the time they began having sex--which includes any intimate act, not merely full intercourse--then because she was more than 4 years older than him, it would be a criminal act (commonly called statutory rape). (There is an exception that allows 16- or 17-year olds to have sex with others close to them in age, even though the 16- or 17-year old is still below the age of consent.)

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