Thursday, May 29, 2014

Florida Supreme Court -- What Is "Sexual Intercourse"?

A Florida defendant has just filed the initial merits brief in Debaun v. State, Case No. SC13-2336. The case promises to be a fascinating one, as the issue is whether the Florida Legislature's use of the term "sexual intercourse"--in a statute designed to prevent the transmission of STDs like HIV--encompasses anal sex. Debaun argues that it is limited to penile/vaginal penetration.

For those interested, you can find the Initial Brief here. The docket and other public documents are also available online. And here is the Third District's opinion upholding Debaun's conviction. I will post the State's reply when it is filed.

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