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I’m 19 years old and will turn 20 next on the 27th of next month. I’m a gay male who wants to have sex with
another gay male who just turned 16 this past july 22nd. Is that possible under FL law? Also, how do I show a judge, in the case that he decides to lie and acuse me of rape, that he gave me consent?
Asked on October 15, 2019 under Criminal Law, Florida
Answered 5 years ago | Contributor
In your state, a 16 year old can consent to sex with someone who is relatively close in age (not older than 23). So if you are about to be 20 and he is just 16, then legally, he could consent to sex. But as for your second question: there is not way to 100% protect yourself from a sexual partner, whether gay or straight, older or younger, from accusing you of rape. If such an accusation is made, the courts will look at who is more credible and at the surrounding facts and circumstances to see if the accusation is credible.
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