• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2022
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

What’s the Definition of Sexual Intercourse? Florida Supreme Court Justices Will Decide.

January 29, 2015 | FlaglerLive | 3 Comments

Detail from Edvard Munch's 'The Kiss' (woodcut, 1897-1902)
Detail from Edvard Munch’s ‘The Kiss’ (woodcut, 1897-1902).

When the Florida Supreme Court hears arguments in a Monroe County case next week, it will consider what might seem a bizarre question: What is the definition of sexual intercourse?


The question stems from charges filed in 2011 against Gary Debaun under a law that requires HIV-infected people to inform potential sexual partners about the disease before having sexual intercourse. Debaun was accused of not providing the information to a male sexual partner.

But Debaun’s attorney persuaded a circuit judge to dismiss the charge, arguing that state law and courts have defined sexual intercourse as being between men and women — not between men who have oral or anal sex. The 3rd District Court of Appeal overturned that ruling but asked the Supreme Court to resolve the question.

Justices agreed to take up the matter and are scheduled to hear arguments Wednesday. They typically take months to issue rulings.

Briefs in the case go into extensive detail about court decisions and laws dating back decades and dealing with issues such as venereal disease, incest and rape.


A lawyer’s twist on gay sex, relying on Florida’s dated definition of intercourse.


But attorneys for the state wrote that the intent of the law in Debaun’s case is clear and urged the Supreme Court to uphold the ruling by the 3rd District Court of Appeal.

“The purpose of the statute was to criminalize knowingly exposing another person to HIV and AIDS through sexual intercourse without first advising that person,” the Attorney General’s Office argued in an August brief. “The statute applies to anyone, male or female, who may expose their partner through sexual intercourse, even if that sexual intercourse includes an act other than the penetration of the female sexual organ by the male sexual organ. It is not the sexual act that the Legislature meant to criminalize, but knowingly exposing one’s sex partners to HIV and AIDS.”

Debaun’s attorney, however, argued in a May brief that Florida’s laws have long defined sexual intercourse as involving men and women.

“The Florida Legislature, and this court, have always identified penile-vaginal union as ‘sexual intercourse’ and distinguished it from all other sexual contact,” the brief said. “Neither this court, nor the Legislature, has ever said otherwise. The plain meaning of the term is therefore clear and unambiguous: ‘Sexual intercourse’ as used in (the section of law in the Debaun case) does not refer to homosexual acts or oral sex.”

–Jim Saunders, News Service of Florida

Print Friendly, PDF & Email
You and your neighbors collectively read our articles about 25,000 times each day (that's not a typo) with up to 65,000 daily reads during emergencies like hurricanes. Flagler County residents rely on FlaglerLive for essential, bold and analytical journalism that cannot be found anywhere else. But we depend on your support. Please join our December fund drive! If you donate the cost of a scoop of ice cream, you will be helping us continue to provide comprehensive local news and honest, serious journalism for our community. If you can donate more or become a monthly donor, even better. Donations are tax deductible since FlaglerLive is a 501(c)(3) non-profit news organization. Donate by clicking anywhere in this box. Think of it as buying a scoop, in every sense of the term!  
All donors' identities are kept confidential and anonymous.
   

Reader Interactions

Comments

  1. Tomato Tomato says

    February 2, 2015 at 2:07 pm

    Tomato, Tomato. Can’t stand when criminals use the [once again poorly written] law to dodge their punishment(s). Death Penalty should be available for someone knowingly exposing someone else to AIDS.

    Reply
  2. Sherry Epley says

    February 3, 2015 at 9:16 am

    Now that we have come into the 21 century and even the Florida legislature finally acknowledges that sexual fluids are transmitted “legally” between (even married) non-hetersexuals. . . all of the statutes pertaining to these issues need to be rewritten. . . Yesterday!

    Reply
  3. Lancer says

    February 3, 2015 at 12:13 pm

    If you have to have it defined, do you really know what it is??

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Advertisers

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents
  • WNZF Creekside Festival

Recent Comments

  • Ben Hogarth on ‘Faith’ Bridge Over SR100 Goes from Maligned to Acclaimed as It Opens, But in the Absence of Its Champion
  • BeachGuy on Felony Charge for Mom Who Left Child Alone With Dead Man After Night of Sex and Drugs at Hammock Resort
  • Right on Covid Deaths in Florida Near 91,000
  • Edith Campins on School Board Trio Will Hire an Attorney to Help Them Fire Board’s Attorney of 17 Years
  • BLINDSPOTTING on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • jeffery c. seib on 2-Hour Standoff Involving Threats of Gunfire on Brunswick Lane Ends with Arrest of Michael Wells, 57, on 4 Felonies
  • Flapharmtech on Covid Deaths in Florida Near 91,000
  • Angela Smith on A Mixed Bag in New Rankings of Florida’s Colleges and Universities as DeSantis Polarization Dims Luster
  • TR on School Board Trio Will Hire an Attorney to Help Them Fire Board’s Attorney of 17 Years
  • CH on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • Angela and others are fearful on Moms for Liberty: Joyful Warriors or Anti-Government Conspiracists?
  • CH on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • James on School Board Trio Will Hire an Attorney to Help Them Fire Board’s Attorney of 17 Years
  • Another Concerned Taxpayer !!! on School Board Trio Will Hire an Attorney to Help Them Fire Board’s Attorney of 17 Years
  • James on Rezoning Enabling Up to 850 Homes in Seminole Woods Causes Sharp Debate Before Palm Coast Approval
  • Lorraine on School Board Trio Will Hire an Attorney to Help Them Fire Board’s Attorney of 17 Years

Log in