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Consent Defined

Florida’s Definition of Consent

Florida Statute 794.011

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.

 

When is it not consent?

  • “If there is coercion, threats, intimidation, or guilting.
  • If either party is under the influence of drugs or alcohol.
  • If one party is incapacitated, asleep, unconscious, unable to communicate or physically handicapped.
  • If one party is mentally or developmentally challenged. 

 

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