Can the alleged victim consent to a battery?
In Florida, the crime of battery charged under Section 784.03, may be committed one of two ways:
- either by actually and intentionally touching another person without the consent of that person, see § 784.03(1)(a)1; or
- by intentionally causing harm to another person, see § 784.03(1)(a)2.
The second version of battery does not refer to consent or the absence of consent. For this reason, courts in Florida have found consent is not a defense to battery when the defendant is accused of intentionally causing harm to another person.
In State v. Conley, 799 So. 2d 400 (Fla. 4th DCA 2001), the concurrent opinion restated the general rule that consent is not a defense to battery. Id. at 402 (Warner, J., concurring) (citing Lyons v. State, 437 So. 2d 711, 712 (Fla. lst DCA 1983)).
In Lyons v. State, 437 So. 2d 711, 712 (Fla. lst DCA 1983), the court concluded: “Whether or not the victims of crimes [of domestic violence] have so little regard for their own safety as to request injury, the public has a stronger and overriding interest in prohibiting and preventing such acts as this.” Lyons, 437 So. 2d at 712 (quoting State v. Fransua, 510 P.2d 106 (N.M. 1973)). See also Fla. Stat. § 741.2901(2) (“It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter”).
If the “offense in question involve[s] a breach of the public peace as well as an invasion of the victim’s physical security, the victim’s consent would not be recognized as a defense.” W. E. Shipley, Consent as Defense to Charge of Criminal Assault and Battery, 58 A.L.R. 3d 662 § 2(a) (1974).
Read more about the crime of battery in Florida.
This article was last updated on Friday, January 17, 2025.