Consent is not a blurred line—it’s a clearly defined legal standard.
– Carolle El-Naffy
When it comes to sexual assault allegations, few legal issues are as misunderstood—and as critical—as the concept of consent. If you’re facing accusations, understanding how consent is defined and interpreted in court could make or break your defense. As your legal team, our first job is to protect your rights and ensure that the law is applied fairly and clearly.
What Is Legal Consent?
In Florida, consent is defined as intelligent, knowing, and voluntary agreement to engage in sexual activity. That means a person must be fully capable of understanding what they’re agreeing to—and they must give that agreement freely, without force, intimidation, or manipulation.
Importantly, silence or the absence of resistance does not automatically mean consent. The law is designed to protect against coercion and confusion, but that also means it often comes down to conflicting personal accounts.
Why Consent Is a Key Defense Strategy
Allegations of sexual assault often hinge on whether or not both parties agreed to the activity. If you are accused, your defense may rest on demonstrating that you reasonably believed the encounter was consensual. Evidence such as texts, videos, witness accounts, or inconsistencies in the accuser’s timeline can become critical in proving your version of events.
We work to highlight how law enforcement handled the investigation, whether they considered your side of the story, and if the evidence was fairly interpreted.
Common Consent Misconceptions
Many defendants assume that prior intimacy equals consent—this is false. Each new encounter must involve clear agreement. Others believe that alcohol consumption voids consent across the board. While alcohol can impact capacity, not every situation involving drinking qualifies as sexual assault.
The nuances in these cases are complex, which is why it’s essential to have an experienced criminal defense attorney evaluate all the facts and build a tailored defense.
When the Accuser Regrets the Encounter
It’s not uncommon for accusations to stem from regret, miscommunication, or pressure from outside parties. While these feelings are real, they do not always indicate criminal behavior. That’s where the distinction between moral judgment and legal guilt must be carefully maintained.
At El-Naffy Law, we fight to ensure your side of the story is heard. We build cases around logic, evidence, and your constitutional right to a fair trial—not assumptions or public opinion.
Protecting Your Future
Sexual assault accusations can affect your family, your job, and your reputation—sometimes even before charges are filed. That’s why we act quickly, confidentially, and aggressively to gather facts, interview witnesses, and challenge unreliable evidence.
Whether this is a misunderstanding or a malicious claim, we’ll stand by your side with the strength, discretion, and legal insight your case demands.
Call for a Confidential Consultation
If you’re facing sexual assault allegations, don’t wait. Call our office at (305) 456-7576 to schedule a confidential, appointment-only consultation. You can also contact us here. Our office is located at 75 Valencia Ave • Suite 800 • Coral Gables, FL 33134.