Many people believe that saying "yes" or telling someone to hit them makes any subsequent physical contact completely legal.
This misconception took center stage in a viral streaming incident in March 2026. Popular online streamer Clavicular (Braden Peters) was slapped by a woman during a live stream broadcast from Fort Lauderdale. Right before the strike, the woman asked if she could slap him, to which Peters verbally responded, “Go ahead.” Despite his explicit verbal agreement, Peters immediately called security and sought to press criminal charges.
How Does Florida Define "Consent" in Criminal Cases?
In everyday language, consent seems simple. In a Florida criminal courtroom, however, it is highly technical.
To understand how a judge or jury evaluates this defense, we look to the statutory standard outlined in Florida Statute § 794.011(1) and formalized in Florida Jury Instruction 11.4 (Sexual Battery). The law defines it strictly:
"“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender."
If an individual is under the influence of alcohol, facing duress, or lacks the mental capacity to make an "intelligent and knowing" choice, any verbal agreement they give is completely invalid under the law.
Express vs. Implied Consent in Criminal Battery
When building a defense against a battery charge, criminal defense attorneys look at two primary types of consent:
- Express Consent: This occurs when someone gives clear, unambiguous verbal or written permission. Telling an individual, "Go ahead and hit me," is a form of express consent.
- Implied Consent: This is derived from actions and circumstances rather than explicit words. For example, athletes playing contact sports like football or basketball imply consent to the physical strikes inherent to the rules of the game.
Why a Victim's Consent Can Fail as a Defense
Even if you have proof that the alleged victim gave you permission to strike them, a consent defense can easily fall apart for three major reasons:
1. Exceeding the Scope of Agreement
Consent is never a blank check. If someone agrees to a minor, playful push but receives a forceful blow that causes bodily harm, the legal defense fails instantly. You can still be charged with felony battery or aggravated battery if the physical contact exceeded what a reasonable person would expect.
2. You Cannot Consent to a Breach of the Peace
Under Florida battery laws, individuals are generally forbidden from contracting away their physical safety in a manner that disrupts public order. If two people mutually agree to a street fight, the state of Florida can still arrest and prosecute both participants for battery and disorderly conduct because the behavior violates public safety laws.
3. The "He-Said, She-Said" Reality of Jury Trials
Unless an incident is perfectly captured on video—like a viral live stream—consent issues almost always devolve into a classic "he-said, she-said" scenario. At trial, the outcome depends entirely on which story the jury chooses to believe. If the alleged victim tells the jury they felt threatened or coerced into saying "yes," a conviction is entirely possible.
Facing Criminal Battery Charges? Protect Your Future
If a minor misunderstanding, mutual argument, or viral stunt has escalated into a formal criminal charge, do not rely on the excuse that "they said it was okay." The state of Florida prosecutes battery aggressively, and a conviction can leave you with a permanent criminal record, heavy fines, or jail time.
Call Vento Law Firm to Speak with a Tampa Criminal Defense Lawyer
Do not try to navigate the complex nuances of Florida jury instructions and battery statutes alone.
Call me if you need me at 813-808-9088 or fill out our online contact form today to schedule a confidential legal consultation. Let's evaluate the facts of your case and build a strong defense.
