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If a guy i was with sexually coerced e to have sex with him and physically even pushed me at some points and i didnt really say

Orlando, FL |

anything. i didnt say yes or no. and he was abusive and threatening to throw me into the street in the middle of the night can i have some type of sexual assault or misconduct claim

Attorney Answers 3


  1. You should go talk to the police and file a complaint. There are a range of possibilities from domestic violence to rape.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


  2. In Florida, the legal definition of "consent" is: "Consent means intelligent, knowing and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender."

    Only you can know whether or not you consented. If you did then no crime was committed. If you did not then "the guy" is in a boat load of trouble. Sexual battery charges are very serious. Once you make the allegation "the guy" will likely be arrested and prosecuted and he could, literally, have a life long criminal problem, so please be certain about your lack of consent before you file a report.

    That said, if you did not consent and were sexually battered against your will by "the guy" then you can pursue criminal charged by filing a police report in the jurisdiction where it occurred, or you may go directly to the State Attorney's Office and do the same. Either action will definitely result in a criminal investigation.

    If your intent is to pursue some sort of a civil claim (for money damages) then you need to consult with a civil litigator who is well-attuned to the fine line between a civil demand and extortion. (It is a crime to threaten arrest and / or criminal prosecution unless "the guy" pays you money, but it is not a crime to file a purely civil demand for otherwise potential criminal conduct.)

    Being "coerced and physically pushed" does not sound to me like consent but, then again, "different strokes for different folks" as they say. If in your heart of hearts you believe that you were truly victimized and / or that "the guy" was truly violent and overbearing then you should report the incident to law enforcement. However, and respectfully, many folks (myself included) have woken up regretting things that happened the night before, so, and as you appear to be doing by asking the question here, once again I encourage you to please think this thing through before you go to law enforcement, because once that can of worms is open, its open.

    Either way, I'm sorry for your bad experience and I wish you the best of luck.


  3. The longer you wait to call the police the less likely it will be charged. Call the police

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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