See generally 41 C.J.S., Husband Wife § 164 (1944) (at common law husband and wife may be prosecuted for assault and battery upon one another). Because spousal prosecution for assault and battery is proper and because assault and battery are lesser included offenses of sexual battery, see Brice v. State, 348 So.2d 636 (Fla. 2d DCA 1977), it logically follows that a spouse may be prosecuted for the greater offense of sexual battery. We cannot today in good conscience recognize a common-law "interspousal exception" to prosecution for violation of section 794.011(3) and (5), Florida Statutes (1981).

We believe that the offense of battery is a lesser included offense of the crime of sexual battery using physical force or violence not likely to cause serious physical injury. We have previously held that it is reversible error if a trial court refuses to give a requested instruction on battery in a prosecution for sexual battery using physical force or violence likely to cause serious personal injury. Brice v. State, 348 So.2d 636 (Fla. 2d DCA 1977). See also DeLaine v. State, 262 So.2d 655 (Fla. 1972).