Currently, under Florida state laws, rape is included under the offense of “sexual battery” and no separate legal definition for rape is included in the applicable Florida statues.
In order for a prosecutor to prove a rape offense, each of the elements for sexual battery given by state law must be established. The prosecutor must prove that the accused engaged in vaginal, oral or anal penetration with a sexual organ or an object and also must prove a union of the accused’s sexual organ with the victim’s mouth, vagina, or anus.
If the rape victim is under the age of twelve, the prosecutor does not have to show that the victim did not consent – by virtue of the age of the victim the lack of consent is presumed. If the rape victim is over the age of twelve, then the prosecutor must show that the victim did not voluntarily consent. Under Florida state laws, the prosecutor needs to show a lack of consent but does not need to show protest or resistance.