ALBERT L. SECADA, APPELLANT,

v.

IRENE G. SECADA, APPELLEE

Citator

Cited By

• Ocasio v. Bureau of Crimes Comp. Div. of Workers' Comp., 408 So. 2d 751 (Fla. 3d DCA 1982)
  …0 So. 2d 166 (Fla. 3d DCA 1981), and cases and authorities cited. .This is of course because of the somewhat circular reason that husband and wife were never regarded as being in “affinity” at all. . See note 2, supra. . See also, State v. Smith, 401 So. 2d 1126 (Fla. 5th DCA 1981).…
• State v. Pate, 656 So. 2d 1323 (Fla. 5th DCA 1995)
  …e of "sexual battery” was two-fold: to proscribe a crime of violence not so much as a crime of sex and to prohibit non-consensual sexual conduct not simply between persons of the opposite sex but also between persons of the same sex. State v. Smith, 401 So. 2d 1126 (Fla. 5th DCA 1981). See also State v. Rider, 449 So. 2d 903 (Fla. 3d DCA 1984). For this reason, the statutory definition of sexual battery was written so that "the offense can be committed by man against man, woman against woman, man against woman…
• State v. Rider, 449 So. 2d 903 (Fla. 3d DCA 1984)
  …ished two recent cases in which prosecution of a husband for sexual battery upon or the rape of his wife was ostensibly allowed because in each case the defendant and the alleged victim were, at the very least, living separately. See State v. Smith, 401 So. 2d 1126 (Fla. 5th DCA 1981) (dissolution of marriage pending, temporary restraining order and separate residences); State v. Smith, 85 N.J. 193, 426 A. 2d 38 (1981) (separate residences). Finding that these factual prerequisites were absent from the present…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
• Colucci v. Colucci, 392 So. 2d 577 (Fla. 3d DCA 1980)
• Rosen v. Rosen, 386 So. 2d 1268 (Fla. 3d DCA 1980)