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Sexual Battery, Consent
Just as Florida’s sexual battery statute elaborates on the level of force necessary for this charge, consent is another issue, which the statute describes in detail. Why? In their decision to start a criminal prosecution of this charge, the State Attorney must consider if the alleged victim did or did not agree to the sexual activity. That may sound obvious, but, as we have seen, what may seem straightforward can lead to dangerously false impressions. We must, therefore, consider exactly how Florida statute 794.011 defines consent:
Consent means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.
You may have facts which corroborate willing sexual activity between you and your accuser. More importantly, you may have knowledge of facts which are favorable to your case and not be aware of it. How’s that possible? When someone is charged with a crime, he or she often overlooks many details which surround a small period of time. These details often prove crucial to that person’s defense against a sex offense. These are yet more reasons that we need to discuss the facts with you.
The Accuser’s Mental and Physical State
With this definition of consent in mind, the State Attorney considers if the alleged victim had the capacity to agree to sexual contact. Under the Sexual Battery statute 794.011 that person's mental and physical capacity, or a lack of either, is also addressed:
- Mentally defective means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
- Mentally incapacitated means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
- Physically helpless means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
- Physically incapacitated means bodily impaired or handicapped and substantially limited in ability to resist or flee.
Was the alleged victim mentally or physically handicapped? By detailing the physical and mental condition of the person who has made the accusation, the statute establishes the minimum conditions under which an adult can agree to sexual contact. Any physical or mental handicap, which the alleged victim has or had at the time, means that minimum consensual standard is in question. Therefore, barring another set of facts, like the age of the victim, one of law enforcement’s primary concerns will be the alleged victim’s state of mind at the time of the offense. While the prosecution may claim that the victim was unable to consent, we will challenge it.
Coercion
While you may believe that the person consented to sexual relations, the State may be basing its case on the coercion of the victim. Florida statute 794.011(4)(b) indentifies sexual battery through coercion:
When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
Furthermore, this is a situation in which the prosecution may claim that no visible signs of violence exist on the victim because the accused threatened that person with violence. However, these arguments, like all others, must be supported by the facts.
Again, the information on this page, which highlights how the prosecution can bring a sexual battery charge, is meant to help the person under investigation or charged with this crime understand some of its elements. While it also shows common misunderstandings about this offense, which are pervasive in our culture, it is by no means comprehensive.
We have defined parts of this statute and its subsections for a good reason. By providing this information, you can make better decisions. Do not allow yourself to be defined by this charge. You may rightfully feel that you have not committed a crime. Regardless, you must take any sexual battery accusation or a charge seriously. To successfully defend yourself against such a charge, you must have an attorney with considerable experience; indeed, if you have been charged with this or another sex crime, you need to discuss your case with us as soon as possible.