Unit 1 - Florida Council Against Sexual Violence

of another by any other object; however, sexual
battery does not include an act done for a bona fide
medical purpose.”
• This definition pertains to any victim regardless of age
or functioning ability.
Show Slide, Chapter 794.011, F.S. – definition of consent.
Slide:
Consent definition.
Speaking Points:
• The other legal definition pertaining to sexual battery is
that of “consent.” Consent is defined as “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.”
• Determining capacity to consent is tricky with some
older individuals and is best done with the help of
professionals who work with older individuals, such
as Adult Protective Service workers.
Slide:
Lewd and lascivious
offense definitions
Show Slide, Chapter 825.1025 - Lewd or lascivious offenses
committed upon or in the presence of an elderly person or
disabled person.
Speaking Points:
• Another definition pertaining to sexual violence against
the elderly is found in Chapter 825.
• Lewd or lascivious battery upon an elderly person or
disabled person" occurs when a person encourages,
forces, or entices an elderly person or disabled
person to engage in sadomasochistic abuse, sexual
bestiality, prostitution, or any other act involving
sexual activity, when the person knows or
reasonably should know that the elderly person or
disabled person either lacks the capacity to consent
or fails to give consent.
• "Lewd or lascivious molestation of an elderly person or
disabled person" occurs when a person intentionally
touches in a lewd or lascivious manner the breasts,
FCASV Elder Sexual Abuse Trainer’s Guide 7
Unit 1