Rape Shield Law

45 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• McELVEEN v. State
  415 So. 2d 746· Fla. 1st DCA· 1982-05-18 ·cited 52×
  McElveen appeals his convictions for burglary with assault and sexual battery, challenging the trial court's exclusion of evidence regarding the victim's prior sexual conduct and reputation. The court reverses in part, holding that evidence of the victim's reputation for unchasti
• Aman Abdi v. The State OF Ga.
  744 F.2d 1500· 11th Cir.· 1984-10-26 ·cited 26×
  The court held that a trial court's sua sponte declaration of a mistrial due to a flagrant violation of a rape shield law, even without explicit consent from the defendant, was supported by manifest necessity and did not bar a subsequent retrial.
• Docekal v. State
  929 So. 2d 1139· Fla. 5th DCA· 2006-06-02 ·cited 25×
  Rick Docekal was convicted of sexual battery after a sexual encounter with a coworker at a company convention. The Florida appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion by limiting Docekal's cross-examination of the vict
• Jones v. State
  577 So. 2d 606· Fla. 4th DCA· 1991-03-13 ·cited 23×
  Thomas Jones was convicted of sexual battery, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court improperly admitted hearsay testimony about a dispatcher's report of a female screaming, which the prosecutor used to contradict th
• Hodges v. State
  386 So. 2d 888· Fla. 1st DCA· 1980-08-19 ·cited 22×
  Kenneth Hodges appeals his conviction for sexual battery with use of force not likely to cause personal injury. The Florida District Court of Appeal affirmed his conviction, rejecting challenges to the exclusion of evidence of the victim's prior sexual conduct, a prosecutor's clo
• McLEAN v. State
  754 So. 2d 176· Fla. 2d DCA· 2000-04-05 ·cited 21×
  Daniel McLean was convicted of kidnapping and three counts of sexual battery for his role in a joint assault with Jason Rancourt. The Second District Court of Appeal reversed his conviction for kidnapping and all sexual battery convictions, finding insufficient evidence for kidna
• United States v. Merrival
  600 F.2d 717· 8th Cir.· 1979-06-28 ·cited 19×
  The court held that the trial court did not err in denying the motion for mistrial, prohibiting inquiry into the victim's sexual history, refusing a specific cautionary instruction, or delaying sentencing, and therefore affirmed the conviction.
• Royal Caribbean Cruises, Ltd. v. Jane DOE & Jane Doe
  964 So. 2d 713· Fla. 3d DCA· 2007-05-23 ·cited 18×
  Royal Caribbean Cruises sought a writ of certiorari to quash a trial court discovery order requiring production of incident reports involving crew member assaults across multiple vessels over a three-year period. The Third District Court of Appeal granted the petition, finding th
• Etavius Carlyle v. State
  945 So. 2d 540· Fla. 2d DCA· 2006-11-29 ·cited 15×
  Etavius Carlyle appeals his convictions for attempted second-degree murder and four counts of sexual battery with a deadly weapon or force causing injury. The appellate court affirmed his convictions, rejecting his arguments that three sexual battery counts should have been dismi
• Lewis v. State
  570 So. 2d 412· Fla. 1st DCA· 1990-11-21 ·cited 12×
  Cornelius Ray Lewis was convicted of two counts of lewd and lascivious assault upon a child and five counts of sexual activity with a child under 18 while in a position of custodial authority. On appeal, Lewis challenged the trial court's restriction on cross-examination regardin
• DOE v. United States
  666 F.2d 43· 4th Cir.· 1981-12-03 ·cited 10×
  The court held that a rape victim has an implicit right to appeal an adverse ruling under Rule 412, and that certain evidence of the victim's past sexual behavior is inadmissible under the rule.
• Dixon v. State
  605 So. 2d 960· Fla. 2d DCA· 1992-10-02 ·cited 9×
  William Dixon was convicted of sexual battery on a child but appeals on the ground that the trial court impermissibly excluded evidence of the victim's prior sexual knowledge. The appellate court agrees and reverses, holding that the defendant's right to present a full defense an
• Vance Anthony Young v. State
  562 So. 2d 370· Fla. 3d DCA· 1990-05-22 ·cited 8×
  Vance Young was convicted of four counts of sexual battery and appealed, arguing the trial court improperly excluded testimony about the victim's prior sexual activities. The Florida appellate court affirmed, holding that the victim's consensual encounters with other men did not
• Moore v. Duckworth
  687 F.2d 1063· 7th Cir.· 1982-09-02 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the defendant failed to prove the jury was aware of the victim's pregnancy, and thus was not denied a fair trial.
• Teachman v. State
  264 So. 3d 242· Fla. 1st DCA· 2019-01-02 ·cited 6×
  Appellant was convicted of sexual battery and lewd and lascivious molestation of a child and appealed, challenging the admissibility of his confession to police and the exclusion of evidence regarding the victim's consensual sexual relationship with her boyfriend. The court uphel
• Roberts v. Singletary
  794 F. Supp. 1106· S.D. Fla.· 1992-06-05 ·cited 6×
  The court held that the exclusion of evidence regarding the victim's prior sexual history was not a constitutional violation because the defense theory was not presented at trial and the defendant denied making the statement at issue. The court also found no ineffective assistanc
• Anderson v. State
  133 So. 3d 646· Fla. 1st DCA· 2014-03-14 ·cited 4×
  Gregory Tyrone Anderson was convicted of sexual battery and appealed, arguing the trial court abused its discretion by preventing cross-examination impeachment of the victim regarding what clothing she wore during the alleged assault. The First District Court of Appeal affirmed,
• Burley Gilliam v. State
  817 So. 2d 768· Fla.· 2002-02-07 ·cited 4×
  Burley Gilliam, sentenced to death for the 1988 conviction of first-degree murder and sexual battery, appealed the denial of his Rule 3.850 postconviction relief motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and the hab
• State v. Pancoast
  596 So. 2d 162· Fla. 2d DCA· 1992-03-27 ·cited 4×
  In a sexual battery case, the Florida appellate court granted the state's petition for certiorari and reversed the trial court's decision to admit evidence of the victim's prior consensual sexual activity with three other men. The court held that the trial judge improperly found
• Kemp v. State
  464 So. 2d 1238· Fla. 1st DCA· 1985-02-11 ·cited 4×
  The court held that the trial court did not abuse its discretion in refusing to allow cross-examination regarding the victim's prior sexual activity, as it was not relevant to the issues in the case.
• Arroyo v. State
  252 So. 3d 374· Fla. 3d DCA· 2018-08-01 ·cited 2×
  The trial court did not abuse its discretion in excluding evidence of the victim's prior consensual sexual activity under the Rape Shield Statute, excluding marginally relevant text messages, or denying the motion for judgment of acquittal, as substantial evidence supported that
• Gomez v. State
  245 So. 3d 950· Fla. 4th DCA· 2018-04-25 ·cited 2×
  Although prior allegations of sexual assault do not fall under Florida's rape shield statute, evidence of a victim's prior allegations against the defendant and against a third party were properly excluded as irrelevant because they lacked sufficient similarity to the charged con
• State v. Adderly
  803 So. 2d 760· Fla. 3d DCA· 2001-10-31 ·cited 2×
  The court held that the trial court erred in denying the State's motion in limine to exclude evidence of the victim's prior sexual activity, as there was no legally sufficient reason to overcome the rape shield statute.
• Rancourt v. State
  766 So. 2d 1071· Fla. 2d DCA· 2000-06-14 ·cited 2×
  Paul Rancourt was convicted of kidnapping and three counts of sexual battery for, with a codefendant, abducting and raping a female college student. On appeal, Rancourt challenged the sufficiency of evidence, prosecutorial misconduct, expert testimony vouching for credibility, ex
• Dawane Mitchell v. State
  695 So. 2d 810· Fla. 3d DCA· 1997-05-21 ·cited 2×
  The court held that the trial court did not abuse its discretion in sentencing, denying a motion to exclude evidence, or excluding evidence under the Rape Shield Law.
• Manlove v. Tansy
  981 F.2d 473· 10th Cir.· 1992-12-16 ·cited 2×
  The court should not grant a writ of habeas corpus based on a defense strategy not presented to the trial court.
• Deven Cooper v. State
  137 So. 3d 530· Fla. 4th DCA· 2014-04-02 ·cited 1×
  Cooper challenges his convictions for lewd or lascivious battery and molestation, arguing the trial court erred in restricting cross-examination of the victim regarding her prior sexual experiences under Florida's Rape Shield Statute. Although the state concedes the statute does
• Johnson v. Moore
  472 F. Supp. 2d 1344· M.D. Fla.· 2007-02-07 ·cited 1×
  The court held that the trial court properly excluded evidence of the complainant's alleged prostitution and drug use under Florida's rape shield law, as the defense failed to lay the proper predicate for its admission.
• Def. I.D. # 2108001587A v. Rhandy D. Massey
  Del.· 2024-07-17
  The trial court did not err in denying the defendant's motion under the Rape Shield Statute (11 Del. C. § 3508) to admit evidence of the alleged victims' prior sexual conduct, as the defendant failed to make a sufficient showing of falsity of those prior allegations. Furthermore,
• Vincent v. State
  Fla. 4th DCA· 2023-08-02
  The rape shield statute applies only to consensual sexual activity and not nonconsensual activity, so the trial court erred in applying it to preclude evidence that someone other than the defendant raped the victim, but the error was harmless beyond a reasonable doubt.
• Whitt v. Sec'y, Fla. Dep't of Corr. (Flagler County)
  M.D. Fla.· 2023-04-14
  Shaun Whitt, a Florida inmate convicted in 2014 of sexual battery against a minor, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising five claims including exclusion of evidence about prior abuse, ineffective assistance of counsel regarding his decision n
• Scott v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-04-11
  The court held that most of Petitioner's claims were procedurally defaulted or not cognizable on federal habeas review, and the remaining claims were denied on the merits under AEDPA deference.
• Armando Rodriguez - Olivera v. State
  Fla. 2d DCA· 2021-10-13
  The appellate court reversed a defendant's convictions for sexual battery and lewd molestation, finding that his trial counsel provided ineffective assistance. The court determined that counsel's failures to object to prejudicial evidence, including references to uncharged crimes
• Moore v. State
  312 So. 3d 544· Fla. 1st DCA· 2021-02-26
  The appellate court affirmed a conviction for sexual battery and lewd molestation. The court found no error in the trial court's handling of the defendant's competency, the admission of "Williams Rule" evidence of other child molestation acts, or the exclusion of evidence under t
• Benson v. State of Del.
  Del.· 2020-11-06
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the defendant's arguments regarding false statements in the arrest warrant and indictment, violation of his right to a speedy trial, amendment of the indictment, double jeopardy, improper jury instruc
• Barrett v. Sec'y, Dep't of Corrections(Citrus County)
  M.D. Fla.· 2020-08-11
  The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or an unreasonable determination of the facts, and therefore denied the petition for a writ of habeas corpus.
• Permenter v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2019-10-17
  The court held that the petitioner's claims of ineffective assistance of counsel lack merit, and he is not entitled to federal habeas relief.
• Robinson v. State
  241 So. 3d 972· Fla. 1st DCA· 2018-04-05
  Dylan Robinson appeals his conviction for sexual battery with force likely to cause serious personal injury. Robinson admitted to sexual contact but claimed it was consensual, while the victim testified it was rape. The appellate court affirmed his conviction after rejecting thre
• Portillo v. State
  211 So. 3d 1135· Fla. 3d DCA· 2017-02-22
  In a case of first impression, the Florida Third District Court of Appeal affirmed Portillo's conviction for attempted sexual battery, rejecting his argument that the victim's testimony about her prior sexual experience violated Florida's Rape Shield Law. The court held that the
• Addison v. Forest Serv. of the U.S. Dep't of Agric.
  M.D. Fla.· 2000-07-17
  The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the preliminary injunction, and there was no reasonable expectation the violation would recur.
• Logan v. A.L. Lockhart
  994 F.2d 1324· 8th Cir.· 1993-06-07
  The court held that the trial court's decision to allow a potentially biased juror was supported by the record and that the exclusion of certain evidence did not violate due process. However, the district court erred in applying the concurrent sentence doctrine to dismiss a habea
• Castro v. State
  591 So. 2d 1076· Fla. 3d DCA· 1991-12-31
  Excluding evidence of the victim's motivation to fabricate accusations is prejudicially erroneous under the rape shield statute.
• Freeman Leroy Bell v. Harrison
  670 F.2d 656· 6th Cir.· 1982-02-09
  The court held that Tennessee's rape shield statute, T.C.A. § 40-2445, is constitutional on its face and as applied, and did not violate the defendant's Sixth Amendment right to confrontation.