Sexual battery is sexual contact by force between a defendant and a victim. If sexual contact is committed with a weapon, causes harm, is aided by another person, or the victim is under thirteen, the offense becomes aggravated sexual battery. The major defense to sexual battery is usually consent.
Consent is a defense to charge of sexual battery and rape, but only if the consent was found to be intelligently, knowing, and voluntarily made. Additionally, the failure of the accuser to offer physical resistance will not be deemed consent. Rather it will be something a jury can consider when determining whether the sexual interaction was consensual or coerced submission.
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