AV Preeminent
The Florida Bar

Sexual Battery Generally

Florida law defines sexual battery as the oral, anal, or vaginal penetration of another without that person’s consent by the penis. It also defines sexual battery as the anal or vaginal penetration by any object without the consent of the victim except for bona fide medical purposes.

No Consent

Florida law further states that consent cannot be obtained by force, threat, intimidation, or when a person is involuntarily intoxicated, when a person is asleep, mentally incapacitated, or believes to be under the power of the person accused of sexual battery. – James Weick, Sex Crime Defense Lawyer in Broward County

Under Florida law it is not necessary for the victim to have physically resisted the perpetrator of sexual battery. Lack of consent is sufficient for a person to be accused of sexual battery.

Consent does not Matter Nationwide

Bad DogIf a person 18 years or older attempts oral, anal, or vaginal penetration with a penis or anal or vaginal penetration with any object on a person less than the consensual age in your state, then it is sexual battery on a minor. Similarly, when a person commits these acts on a person in familial custody even with their consent it will amount sexual battery if the victim is less than 18 years old.

Under Certain Circumstances

Under criminal laws nationally, a person can be accused of sexual battery for orally, anally, or vaginally penetrating another with the penis without their consent or even with their consent under certain circumstances. Moreover, vaginal and anal penetration using other objects is also considered sexual battery if the consent was not obtained or if the victim was below the age of consent in your state, in the custody or power of the accused, or physically or mentally incapacitated.

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