800.04 - - 2011 Florida Statutes - The Florida Senate
They aren't charging her with rape and there is no proof of anal/oral/vaginal sex. They are charging her because she admitted to kissing, and that's "sexual contact".
If she was male, they wouldn't be allowed to charge her with this because the '07 Romeo and Juliet law would protect her.
How do you know there's no "proof"? She's been charged, not tried.
You give some really crap legal advice. Is this the same advice you give to underaged students?
The parties admitted to the relationship and the extent of the relationship. They don't need proof. Now the case will turn on available defenses. Like whether there is a Romeo and Juliet law and does it apply in this case. The sheriff doesn't think so and neither does the prosecutor.
The Indian River County Sheriff's Office held a press conference Monday in response to the public's uproar.
"If this was an 18-year-old male and that was a 14-year-old girl, it would have been prosecuted the same way," Indian River County Sheriff Deryl Loar said.
According to the station, Florida's law says any person who engages in sexual activity with a minor between the ages of 12 and 16 commits the crime of lewd and lascivious battery.
"The idea is to protect people in that vulnerable group from people who are older, 18 and above," Bruce Colton, state attorney for Florida's 19th circuit, said, according to the station. "...The statute specifically says that consent is not a defense."