M.C.N. v. STATE

No. 86-1711.

511 So.2d 1019 (1987)

In the Interest of M.C.N., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 1, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from an adjudication of delinquency where the appellant, as a result of one incident of forced sexual intercourse, was adjudged guilty of two delinquent acts.

Sexual battery of the type which occurred here used to be called rape. Rape, then and now, can be accomplished by two statutorily different methods. If it is done by using force or threats, then § 794.011(5) is violated and we used to call the crime "forcible rape...

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