Jacksonville Criminal Defense Lawyer Blog
In many Jacksonville rape cases, consent is valid defense. In Jacksonville sex cases, if both parties willingly enter into sexual intercourse, a rape cannot occur. However, consent is not always a defense. In some Jacksonville rape cases, consent does not matter. In cases of sexual battery by an adult on a minor, the consent of the minor does not matter. Therefore, consensual sex is not a defense to Jacksonville “Statutory Rape” charges. Florida Statute Section 794.011(8) specifically states that, without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
- solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree;
- engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery commits a felony of the first degree; and
- engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony.
If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer, at (904) 685-1200.