Sexual Misconduct

When people think of the crime of “sexual misconduct,” they often think of acts that are illegal because of the special relationship between the parties to the sexually motivated act.

Florida law prohibits the following types of sex acts involving a covered person and:

a patient in the custody of the department or who resides in a receiving facility or a treatment facility under Section 394.4593(2);
a forensic client in a civil or forensic facility under Section 916.1075(2);
a disabled person with a developmental disability under Section 393.135(2);
the client of a psychotherapist under Section § 491.0112;
a juvenile offender supervised by juvenile justice staff under Section 985.701;
an inmate or offender supervised by corrections staff under Section 944.35(3)(b); or
an inmate and detection facility employees under Section 951.221(1).

Outside of the criminal justice system in Florida, the term “sexual misconduct” is defined more broadly.

For instance, for college and university disciplinary actions, the term sexual misconduct might refer to all forms of sexual or gender-based harassment, sexual violence, dating violence, domestic violence, stalking, and other sexually-related offenses.