Explaining Consent Under Florida Law

One of, if not arguably the most, important concepts regarding sex crimes is consent. Without it, certain sexual actions can result in severe consequences, so it is important to regard them fully. 

The premier sex crime defense attorneys in St. Petersburg with The Law Offices of Marc N. Pelletier are extremely well-versed in how consent is used throughout legal proceedings as a cornerstone in a majority of sex crime cases, and we are determined to help individuals like you understand it well.

General Definition of Consent Under Florida Law

Florida law defines consent as a voluntary, informed, and active agreement to engage in a specific act. Consent must be given freely, without coercion, force, or impairment, and is not just applicable to sex crimes cases. There are two main types, including:

Explicit Consent

Explicit consent is a clear agreement, usually verbal or written. It is the most straightforward form of consent and can be given for various activities, such as sexual acts or medical procedures. Explicit consent removes any ambiguity and ensures that all parties are fully aware of and agree to what is happening.

Implied Consent

Implied consent is more subtle and occurs when consent is inferred from a person’s actions or behavior. For example, if someone voluntarily enters a vehicle or room where sexual activity is occurring, their behavior might suggest that they agree to it, even if they do not explicitly state it. However, implied consent is often more difficult to prove and can potentially be contested in court.

Age of Consent

In Florida, the legal age of consent is 18. Individuals under this age cannot legally agree to sexual activity, even if they claim to give consent. Anyone engaging in sexual activity with a person under the age of consent may face elevated, severe criminal charges, especially without representation from a leading sex crime defense attorney in Clearwater with The Law Offices of Marc N. Pelletier.

Legal Consequences of Lack of Consent

When lawful consent is not given by both parties and sexual activity still takes place, it can result in criminal charges, such as:

• Sexual Battery/Rape: Engaging in sexual activity without the other party’s consent is a felony offense with penalties that can include significant prison time, steep fines, and mandatory registration as a sex offender.
• Battery and Assault: Even non-sexual physical contact without consent, such as grabbing or pushing someone, can lead to misdemeanor or felony charges.

Florida’s “No Means No” Law

Florida follows a strict “No Means No” standard, meaning that consent must be continuous and can be withdrawn at any time. If consent is not obtained prior to, or if it is withdrawn during the activity, you can potentially face heightened charges such as sexual battery, assault, or other related offenses.

Individuals who are unconscious, intoxicated, or otherwise unable to give informed consent are also legally considered unable to consent.

Consent and Defenses in Criminal Cases

In some criminal cases, lack of consent becomes a primary issue when building your strategy. Potential defenses your sex crime defense attorney in Clearwater with The Law Offices of Marc N. Pelletier may use can include:

• Consent Was Given: It may be argued that the alleged victim did, in fact, consent to the act, and that there is evidence to support this claim.
• False Accusation: In some cases, individuals may be falsely accused, and your attorney may present inconsistencies in the accuser’s statements.
• Mistaken Belief in Consent: If you reasonably believed the other party consented based on their actions or words, this may be presented as a defense. However, this argument is not always successful, and may not be applicable in cases where there is intoxication or coercion.

If You Are Being Faced With an Unjust Charge, Contact The Law Offices of Marc N. Pelletier

Consent is a complicated and important topic. Whether you are facing a sex crime charge or an assault and battery charge, the first step you should take is to reach out to an experienced sex crime defense attorney in St. Petersburg from The Law Offices of Marc N. Pelletier.

Do not face any charge dealing with consent alone. Easily request a free case consultation with one of our leading attorneys or call today at (727) 493-9386.