Unit 1 - Florida Council Against Sexual Violence

aging, according to statute.
• We will talk more about exactly what are the
infirmities of aging later in this unit.
Show Slide, Chapter 415, F.S. – definition of sexual abuse.
Slide:
Sexual abuse definition
Speaking Points:
• “Sexual Abuse” is further defined in Chapter 415 as
“acts of a sexual nature committed in the presence
of a vulnerable adult without that person’s
informed consent.”
• This includes, but isn’t limited to “fondling, exposure
of a vulnerable adult’s sexual organs, or the use of a
vulnerable adult to solicit for or engage in
prostitution or sexual performance.” Notice the
similarity between this definition and the lewd and
lascivious offenses listed in Chapter 825.
• Sexual abuse does not include any act intended for a
valid medical purpose or any act that may
reasonably be construed to be normal care-giving
action or appropriate display of affection.
• Example: Bathing a person is normal care-giving.
However, inserting objects or fingers rectally or
vaginally is not a normal care-giving activity while
bathing.
Show Slide, Chapter 415, F.S. – definition of informed
consent, capacity to consent.
Slide:
Capacity to consent
Speaking Points:
• With vulnerable adults, a person’s capacity to
consent must be considered.
• Chapter 415 defines Capacity to Consent as meaning
“that a vulnerable adult has sufficient understanding
to make and communicate responsible decisions
regarding the vulnerable adult’s person or
property, including whether or not to accept
protective services by the department” of Children
FCASV Elder Sexual Abuse Trainer’s Guide 9
Unit 1