DNA, Consent Questions in Florida Sex Crime Cases

DNA evidence can play a critical role in Florida sex crime cases, but it also has some limits. In many cases, DNA evidence may confirm that the person charged with the crime and the victim had some sort of sexual contact, but it can’t determine whether that contact was consensual. Similarly, DNA from a third person may show that the victim recently had sex with more than one person, but it can’t determine the source of any injuries often associated with a sex crime. Florida’s First District Court of Appeals recently explained some of the restrictions on using third-party DNA evidence in sex crime cases.

Legal News GavelA defendant was charged with sexual battery following an incident with a student at the University of West Florida in Pensacola. The woman invited him to her dorm room one day after the two met off campus. They talked for a while and started kissing. That’s when, according to the court, the defendant became more aggressive. He closed the door and turned off the lights, the court said. The he allegedly held the woman down, grabbed her neck, pulled down her pants and “forced himself on her,” according to the court. He was arrested after the victim’s friends called the police when she told them what had allegedly happened.

The defendant argued at trial that the sex was consensual. The victim testified that he raped her. The trial court declined his request to enter into evidence DNA samples from a third person that were taken from the victim’s underwear shortly after the encounter. He was convicted and sentenced to 25 years in prison.

On appeal, the defendant argued that the trial court erred in denying his request to enter the DNA evidence at trial. The First District explained that third-party DNA is usually not admissible as evidence of consent in sex crime cases. The court noted, however, that such evidence could be introduced to prove that the defendant wasn’t the source of various injuries that medical workers found on the victim when they performed a sexual assault evaluation. But he never made that argument during the trial, even when prosecutors successfully asked the court to ban evidence of the victim’s sexual history. As a result, the court said he couldn’t raise the argument for the first time on appeal.

The court affirmed the conviction.

If you or a loved one has been charged with rape or another sex crime in the state of Florida, it is essential that you seek the advice and counsel of an experienced lawyer. St. Petersburg sex crime attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.

More blog posts:

Hearsay Defense Doesn’t Work for Florida Man in Failure to Register as Sex Offender Case

Limitations Period Expired for Sex Crime Charge, Rules Florida Appeals Court

Florida Supreme Court Explains State Criminal Law on HIV Sex