Tampa Criminal Lawyer Blog
In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in question were consensual. If a defendant is prohibited from testifying regarding such activity, then it may inhibit their ability to present a defense, as discussed in a recent Florida case. If you are charged with a sex offense, it is in your best interest to meet with a Tampa sex crime defense attorney to discuss what arguments you may be able to assert in your defense.
Factual and Procedural Background
It is reported that the defendant was charged with sexual battery and trespass. The charges stemmed from an incident where the defendant allegedly entered the victim’s residence during the night, sexually assaulted her, and then left. The victim initially believed it was her boyfriend but later realized it was not. DNA evidence linked the defendant to the crime.
Allegedly, at trial, the defendant attempted to assert the defense that the sexual encounter was consensual. He claimed that he had previously engaged in consensual sexual activity with the victim on two occasions in exchange for drugs. However, the trial court prohibited him from testifying about these prior encounters. The jury convicted the defendant, and he was sentenced to ten years in prison. He appealed, arguing the trial court erred in barring him from testifying regarding prior consensual sexual activity with the alleged victim.
Testimony Regarding Prior Consensual Activity in Sex Crime Cases
On appeal, the court acknowledged that the trial court erred in excluding the defendant’s testimony about the two alleged prior consensual sexual encounters with the victim. The court explained, however, that the trial court’s decision to exclude such testimony should only be reversed if it constituted an abuse of discretion. It also clarified that the trial court’s discretion was constrained by the Florida Evidence Code and applicable case law.
Florida’s rape shield law, which governs the admissibility of evidence related to a sexual battery victim’s prior sexual activity, did not prohibit the testimony in question since it concerned consensual sexual activity between the victim and the defendant, not “any person other than” the defendant, as specified by the law. As such, the court determined that the trial court’s exclusion of the defendant’s testimony was indeed an error.
However, the court held that this error was harmless. The State, as the beneficiary of the error, had the burden to demonstrate beyond a reasonable doubt that the error did not affect the verdict. The court reviewed the entire record and found that there was no reasonable possibility that the error influenced the jury’s verdict.
The central issue at trial was the credibility of the victim versus the defendant, and the jury had substantial evidence, including the victim’s 911 call and the defendant’s inconsistent statements to detectives, to evaluate their credibility. The defendant’s credibility was further undermined by his prior felony convictions. Therefore, the court concluded that the error in excluding the testimony of the prior encounters did not impact the verdict, and the defendant’s convictions were affirmed.
Confer with a Trusted Tampa Criminal Defense Attorney
There are many defenses to sex crimes, including, in some cases, the assertion that the behavior in question was consensual. If you are accused of a sex crime, it is smart to talk to a lawyer about your defense. The trusted Tampa criminal defense lawyers of Hanlon Law are adept at helping criminal defendants protect their rights, and if you hire us, we can gather the evidence needed to offer you a strong chance of obtaining a favorable outcome. You can reach Hanlon Law by using the form online or by calling us at 813-228-7095 to set up a conference.