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Consent is the entire premise on which a rape charge is based. Rape, termed sexual battery in Florida statutes, is basically non-consensual sexual intercourse (including oral, anal or vaginal intercourse or penetration). To “consent” a victim does not necessarily have to say “no” or fight back. A victim who is unconscious or drugged cannot consent to sexual activity, and a victim who is under the age of 18 cannot legally give his or her consent to sexual activity. The same applies to a victim who has a mental disease or defect.
As such, a defense lawyer will need to prove: sexual intercourse or penetration did not actually occur, the victim had an ulterior motive to make a false allegation of rape, or the victim actually gave consent. These are just three of the strategies a lawyer may employ in defending a client, and the actual defense strategy to be utilized will be determined only after a careful review of your particular charges and the evidence involved.
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