LEVY, Judge.
The "... her lips said `no', but her eyes said `yes' ..." position of the defendant cannot be condoned by this Court nor will it be accepted as a legal defense to a charge of sexual battery (more commonly known as rape). To do so would, in effect, virtually eliminate sexual battery prosecutions, since every defendant charged with that crime would merely have to assert that he believed that when the victim said "no", she really meant "yes".
Factually...
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