How Does Florida Define Sexual Consent?

In Florida, the idea of sexual consent is defined by Statute 794.011. According to the law, consent requires an “intelligent, knowing and voluntary” decision. It does not include coercion, and it is not to be confused with a lack of physical resistance.

In other words, sexual consent is only given when both parties agree to the activity and engage in it willfully.

The Importance Of Understanding Consent

The legal definition of consent aims to protect our rights. It states that no one is allowed to engage with you in sexual activities unless you willingly choose to participate in them. It is important that you make the choice. However, because the definition of legal consent focuses on choices and intentions, there are times when it can be difficult to identify whether both parties have consented to sexual activities.

This makes it extremely important to be careful about sexual activities that involve strangers, drugs or alcohol. This is not about moralizing behaviors. This is about acknowledging the legal risks:

• Anytime people engage in sexual activities while under the influence of drugs or alcohol, it becomes more difficult to say whether both parties acted intelligently, knowingly and willfully.
• There are age restrictions that can affect consent. In Florida, the age of consent is 18. This means that at age 18, people can consent to sexual relations as they wish. However, the law also allows people at least 16 years old to engage in certain consensual relations; these can only be consensual if the partner is of a similar age. According to Statute 794.05, these relations cannot involve anyone 24 years old or older.
• There is also the chance that a partner might turn around and say that they did not offer consent.

This last point is a legal concern – not a moral one – because it can lead to charges of sexual battery or rape. It’s actually a terrifying prospect, and I have seen people have their lives turned upside down or ruined because someone made an accusation.

False Accusations Are Rare, But They Can Ruin Lives

The statistics remind us that most people who come forward with reports of sexual abuse or rape are telling the truth. Even so, there are some people who make false allegations. Often, they might follow a consensual one-night stand, but then something happens. One of the parties claims the relations weren’t consensual, and the other party faces criminal charges.

I’ve seen so many people who have a one-night stand with someone, and then, the next thing they know, they get caught by their husband, boyfriend, girlfriend or wife. Then, it might just seem easier for them to claim to be a victim than to accept the trouble they’re in with their relationship. They make an accusation, and then someone else is facing possible jail time.

Be Careful Out There

False accusations of sexual assault or rape can destroy reputations, careers and lives. It can take a lot of work to prove that the activities were consensual. In some cases, it may not even be possible to prove that there was consent. You cannot rely on the lack of physical resistance. You must show that both parties acted willingly.

Ultimately, it is likely wisest to avoid putting yourself in risky sexual situations involving strangers, drugs or alcohol.