District Court of Appeal of Florida March 22, 1996, No. 95-39 (Rains v. State)

lead-opinion

PER CURIAM.

In August, 1993, Robert Maurice Rains was indicted on one count of capital sexual battery stemming from the alleged rape of his niece in 1971. Section 794.01, Florida Statutes (1971), the applicable statute, required evidence of force and lack of consent as elements of the offense. See Paramore v. State, 238 So.2d 604 (Fla.