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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.
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.
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.
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