How Consent Is Defined in Florida Sex Crime Cases
While many factors are considered in sex crime cases, perhaps the most important one is the concept of consent. In Florida, the parties involved must give consent freely and willingly. Understanding what legal consent constitutes is imperative for victims and defendants navigating the complexities of crime cases. In this article, we shall discuss consent per Florida law, its significance, and how a sex crime defense lawyer can help you navigate every stage of the sex crime case process.
Consent per Florida Law
Florida law defines consent as knowingly, willingly, and intelligently agreeing to engage in sexual activity. Therefore, if one is forced or coerced into agreeing to engage in sexual activity, that is not considered lawful consent. Additionally, silence or lack of resistance doesn’t constitute consent. There has to be clear and affirmative communication between all the parties involved.
Factors That Can Invalidate Consent in Florida
In Florida, several factors can invalidate what may initially appear as consent, including the following:
- i) The Age of the Parties Involved
In Florida, the legal age of consent is 18, meaning individuals younger than this cannot lawfully consent to participate in sexual activity. However, an exception, such as the “Romeo and Juliet” law, states that if one individual is at least 14 years old and the other is no more than four years older, the older party may qualify for reduced penalties or exemption from sex offender registration.
- ii) Mental Capacity
Individuals who have a mental disease or a defect are also considered legally unable to provide clear consent. Mental incapacitation can be due to a disability, illness, or intoxication. If one is convicted of committing a sexual offense against someone with a mental disease or defect, the penalties may increase significantly because the law considers such individuals unable to fully understand the nature of the sexual activity or its consequences.
iii) Manipulation or Coercion
Consent has to be given freely and willingly. As such, if the victim was under coercion or manipulation or was threatened to engage in the act, this invalidates consent.
Consequences of Lack of Consent in Florida Sex Crime Cases
Lack of consent can have serious legal consequences, including:
Sex Offender Registration
One of the major consequences of a sex crime conviction is the requirement to register as a sex offender. Being registered as a sex offender can make it challenging to find employment, housing, and even maintain personal relationships.
Legal Penalties
In addition to being required to register as a sex offender, sex crimes involving lack of consent can also result in fines and imprisonment, depending on the nature of the crime, the victim’s age, and whether there are any aggravating factors.
How a Sex Crimes Defense Attorney Can Help
If you are facing sex crime charges, it is in your best interest to consult a sex crimes defense attorney. An Orlando sex crime attorney can assist with:
- Informing you of your rights so you fully understand your legal protections
- Evaluating consent evidence to build a solid consent-based defense
- Negotiating bail
- Challenging the legalities around arrests or evidence-collection procedures tied to consent
- Defending you at trial by crafting and presenting compelling consent-focused defense strategies to challenge allegations
Contact Our Orlando Sex Crime Lawyer Today
Our skilled Orlando Sex Crime lawyer at Joshi Law Firm, PA, can help you develop a strong defense strategy and protect your rights. Contact us at 844-GO-JOSHI or online today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html#:~:text=%E2%80%9CConsent%E2%80%9D%20means%20intelligent%2C%20knowing%2C%20and%20voluntary%20consent%20and%20does%20not%20include%20coerced%20submission.%20%E2%80%9CConsent%E2%80%9D%20shall%20not%20be%20deemed%20or%20construed%20to%20mean%20the%20failure%20by%20the%20alleged%20victim%20to%20offer%20physical%20resistance%20to%20the%20offender.
