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Sexual Violence


784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction;  powers and duties of court and clerk of court;  filing and form of petition;  notice and hearing;  temporary injunction;  issuance;  statewide verification system;  enforcement


(1) As used in this section, the term:

(c) “Sexual violence” means any one incident of:

1. Sexual battery, as defined in chapter 794;

2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;

3. Luring or enticing a child, as described in chapter 787;

4. Sexual performance by a child, as described in chapter 827;  or

5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.


“I can have sex with a minor if her parents consent.”

Some people actually believe that if the parents of a minor child give their consent to an adult to have sex with their child then the sex is legal.  I’m not sure how one would go about getting consent from the parents, and whether or not the consent would have to be in writing, notarized and witnessed by two people, but I’m pretty sure DCF would try to take the child away if they could prove the consent was given. Consent is not a defense to statutory rape no matter who gives it.30  However, if the child is emancipated then as long as a person has consent from the emancipated child the sex is legal.31

The consent myth may find its truth from the fact that in certain situations for a person under eighteen to get married they must have the consent of their parents.32

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