Law keeps man on offender list

He was too old under the "Romeo and Juliet" law.

By MOLLY MOORHEAD, Times Staff Writer
Published August 31, 2007

ADVERTISEMENT Jonathan Evans, now 26, saw no relief under Florida's new "Romeo and Juliet" law.

DADE CITY -- Jonathan Evans came to court Thursday hoping to wipe away a ruinous stamp on his life: sex offender.

Evans, a 26-year-old from Land O'Lakes who repairs sinkholes for a living, has been paying a high price for a romantic interlude from nearly a decade ago.

When he was 18, he began a sexual relationship with a girl who was 14. Her father found out and wanted Evans prosecuted. In 2000 he pleaded guilty to committing a lewd and lascivious act on a child under 16, according to court records. He was required to register as a sex offender and be listed in the state database.

On Thursday, he sought relief under Florida's new "Romeo and Juliet" law, which is intended to distinguish teens engaging in consensual sexual activity from rapists, molesters and sexual predators. Among other things, it says defendants cannot be more than four years older than victims.

Evans thought he fit the profile.

So did the girl, now 20, and the father who turned Evans in. Both told Circuit Judge Pat Siracusa that they supported Evans' request to be removed from the registry.

But Assistant State Attorney Stacey Sumner objected, pointing out that Evans is four years and 37 days older than the victim, whose name is being withheld because she was a minor when the crime occurred.

Siracusa adjourned court briefly to read the statute. He returned with bad news for Evans. The law, he said, allows consideration for removal from the registry only if Evans met all the qualifications -- including the age difference.

"I can't remove you," the judge said.

Evans, born Oct. 6, 1980, is actually four years and 328 days older than the girl, whose birth date is Aug. 30, 1985. Court officials calculated the difference incorrectly, though it wouldn't change the ruling.

William Howey, the victim's father, said after the hearing that he adopted the girl from the foster care system. She had come from a difficult background and was vulnerable. She met Evans because another of Howey's daughters was married to Evans' brother.

Their relationship, Howey believed, was not appropriate at the time.

But he said Evans shouldn't continue to be punished.

"I don't feel the law is totally right in this situation," Howey said. "I feel sorry for the boy, but at the time I felt I was doing the right thing to protect my daughter."

Evans was barely composed enough to talk after the hearing.

"It's been the worst experience of my life," he said.

He never graduated from high school. He had hoped to join the military and couldn't. He is stigmatized by his neighbors.

"They think I'm some kind of sicko," he said.

Outside the courthouse, Howey walked up to Evans and put a hand on his shoulder.

"Jonathan, sorry," Howey said.

"We tried, sir," Evans said.

Then he turned to the girl and shook her hand awkwardly.

"I'm sorry we had to go through this," he said.

"I'm sorry, too," she said.

Molly Moorhead can be reached at moorhead@sptimes.com or (352) 521-6521.

[Last modified August 30, 2007, 22:37:46]