To understand how or why you may be charged with sexual battery, the key is understanding consent. According to Florida law:
““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.”
You’ll notice that this does not differentiate between spoken, written, or implied consent, which means it may come down to “he said, she said” in a court of law. Additionally, a minor under the age of 18 cannot give consent in Florida. That means that even if you are only a few months older than the other party and you are 18 but they are 17, you may still be charged with sexual battery because there is no consent.