Sexual Abuse victims are not alone and they have rights, if and when they are ready to pursue them. At Farmer Jaffe Weissing, we want to empower victims to come forward, report crimes and hold perpetrators accountable; thereby educating the community and inspiring others to do the same.
The following are general guidelines and Florida Statute specific definitions for sexual assault and sexual abuse terms. This is not a complete list. Also note that legal definitions may vary per state. So, for a precise legal definition, you need to check the law in your state.
Acquaintance rape (also referred as date rape or “hidden rape”) is when the victims is raped by someone they know or is known to them. Acquaintance rape involves coercive sexual activities that occur against a person's will by means of force, violence, duress, or fear of bodily injury.
In Florida, "Child abuse" means abandonment, abuse, harm, mental injury, neglect, physical injury, or sexual abuse of a child as those terms are defined in s. 39.01, 827.04, and 984.03.
"Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions.
Child molestation is any type of sexual contact or advance with a child under the age of 16.
Computer pornography is a person who knowingly compiles, enters into, or transmits by use of computer; makes, prints, publishes, or reproduces by other computerized means; knowingly causes or allows to be entered into or transmitted by use of computer; or buys, sells, receives, exchanges, or disseminates, any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in Florida Statutes - s. 775.082, s. 775.083, or s. 775.084.
According to the Florida Statute, 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.”
Cyber rape, also known as revenge porn, is the nonconsensual taking of sexually explicit images (ex. naked photos) and posting them on online including social media sites. Cyber rape often can lead to an increased risk of online stalking, offline stalking and even physical attacks.
Date rape, or sometimes referred to as acquaintance rape, is a felony offense that occurs when one person forces another person to have sex. In the case of date rape the victim agreed to spend time with the attacker. Perhaps the victim even went out with the attacker more than once. It could be someone you meet at a party, or someone you love and trust, like your boyfriend. In some instances date rape drugs where used on the victims. Some common date rape drugs or “club drugs” include Rohypnol, GHB (Gamma Hydroxybutyric) and Ketamine.
Drug & Alcohol Facilitated Rape
Drug and alcohol facilitated rape is when drugs or alcohol are used to compromise an individual's ability to consent to sexual activity. In addition, drugs and alcohol are often used in order to minimize the resistance and memory of the victim of a sexual assault (date rape and acquaintance rape).
Gang rape is when the same victim is raped by a number of perpetrators as part of the same incident. Group sexual assault is most prevalent within the fraternity system and in intercollegiate athletics, but it also extends into other all-male groupings.
Human trafficking is a modern-day form of slavery.
Human Trafficking is illegal and involves controlling a person through
force, fraud, or coercion to exploit the victim for forced labor, sexual
exploitation, or both
Incest is sexual relations between people classed as being too closely related to marry each other. Examples of incest can include parents and children, aunts/uncles or nieces/nephews.
Partner rape (sometimes called martial rape or intimate partner rape) includes sexual acts committed without a person's consent and/or against a person's will when the perpetrator is the individual's current partner (married or not), previous partner, boyfriend, or co-habitator.
A pedophile is a person who is sexually attacked to children generally aged 13 or younger.
In general, Florida Statute 794.011 defines Sexual Battery and rape as: unconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person, or unconsensual oral, anal, or vaginal penetration of another person with any object.
Rape also can occur when the victim is intoxicated from alcohol or drugs.
Revenge Porn is a form of sexual assault that involves the distribution of nude/sexually explicit photos and/or videos of an individual without their consent. Revenge porn, sometimes called cyber-rape or non-consensual pornography, is usually posted by a scorned ex-lover or friend, in order to seek revenge after a relationship has gone sour. Revenge porn can lead to an increased risk of online stalking, offline stalking and even physical attacks.
In Florida it is referred to as sexual battery, which is defined by Florida Statute 794.011 as “any oral, anal or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” without consent.
In the state of Florida, the legal term for the crime of rape or sexual assault is sexual battery (Chapter 794, F.S.). Sexual batter means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any object committed without your consent.
Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in which submission to or rejection of such conduct explicitly or implicitly affects an individual's work or school performance or creates an intimidating, hostile, or offensive work or school environment.
A sex offender is a person who is convicted of a sexual offense such as a rape, sodomy or sexual abuse.
In Florida, a sexual predator is a person who has been convicted of a sexually violent offense as defined in Florida Statute 775.21 (which may include offenses from another jurisdiction) AND has a written court order designating the individual a sexual predator; or he/she is civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act AND has a written court order designating the individual as a sexual predator.
Stranger rape is where the victims is raped by a stranger, someone they do not know. Rape, Abuse & Incest National Network groups stranger rape into 3 categories: blitz sexual assault (quick, brutal assaults, often at night in public places), contact sexual assault (perpetrator gains trust and lures them away – ex. at a bar) and home invasion sexual assault.
Child Sex Abuse: Child sex abuse is sexual contact by force, trickery, or bribery where there is an imbalance in age, size, power, or knowledge. Child sexual abuse may include fondling a child's genitals, masturbation, oral-genital contact, digital penetration, and vaginal and anal intercourse. Child sexual abuse is not solely restricted to physical contact; such abuse could include noncontact abuse, such as exposure, voyeurism, and child pornography.