Florida  |  Criminal Law

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8/05/10, 9:23 pm

Legal Question


In Florida : My Daughter pulled down the pants of another boy at school, exposing his genitals. We want to claim that "many of the kids in the school were doing it to one another and when my sdaughter did it to another kid who happen to have done it to my kid earlier in the same day" the police were called my the other boys parents and my daughter was arrested. Could my daughter have a valid defense to the battery charge against him that she had "constuctive/implied consent(consent to participate) from the victim to pull her pants down because they were all doing it to oneanother". Would this defense fly in Juvenile court in Dade county florida. The Battery stautue states - "without the consent of the victim". have you heard of case law in our favor? What are the cases sited?


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