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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13753
Experience:  Experienced in multiple areas of the law.
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My question is, if a girl is 18 the male is 17 and if he was

Customer Question

hi so my question is, if a girl is 18 the male is 17 and if he was 100% sober while the girl is wasted. and he had sex with her, if she didn't want it. is it consensual?
JA: What state are you in? It matters because laws vary by location.
Customer: indiana but it happened in florida
JA: Has anything been filed or reported?
Customer: no not yet i want to but i want to find out things first
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
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Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 4 months ago.

Good morning,

If the girl did not want to have sex and indicates they don't want it, no, it's not consensual. It's a criminal act.

Expert:  RobertJDFL replied 4 months ago.

Consent is defined in Florida within the criminal statue related to sexual battery. 794.011 Sexual battery.—(a) “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.

Expert:  RobertJDFL replied 4 months ago.

If the 18 year old was drunk, they could not give an intelligent, knowing and voluntary consent, and beyond that, indicated they did not want to have sex. The 17 year old could be looking at a felony charge in such a case.

Expert:  RobertJDFL replied 4 months ago.

Was there anything I could clarify for your about my response, or some additional information you needed?

If you need clarification or additional information, please REPLY and I'll be happy to help further. Otherwise, please remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance .​ Thank you!