In Debaun v. State, 2017 Fla. LEXIS 583, 2017 WL 1024526 (March 16), the Florida Supreme Court resolved a conflict between the intermediate appellate courts of the state about how to define “sexual intercourse” for purposes of a statute that makes it a crime for a person who knows he is HIV-positive to fail to disclose that fact before engaging in “sexual intercourse” with another person. Surprisingly, the 2nd District Court of Appeals had … <Read More>
sexual intercourse
Florida Courts Disagree About Whether Sexual Intercourse Can Occur Without a Vagina
Is gay sex “sexual intercourse”? I’m trying to be polite here, so I’ll speak clinically. When a man takes another man’s penis in his mouth, or inserts his penis into another man’s anus, are they having “sexual intercourse”? In Florida — and many other states — this remains a serious question of criminal law, even after Lawrence v. Texas decriminalized consensual gay sex, because Florida has a statute making it a crime for somebody who … <Read More>
Florida Appellate Courts Disagree About Whether “Sexual Intercourse” Includes Gay Sex
Does “sexual intercourse,” as the term is used in Florida Stat. 384.24(2) and 384.34(5), include anal or oral intercourse between men? The sections in question make it a crime for a person who knows he is infected with HIV to engage in “sexual intercourse” with another person without disclosing this fact. The 2nd and 5th Florida District Courts of Appeal disagree, and the 5th District has certified the question to the Florida Supreme Court to
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