The 2023 Florida Statutes (including Special Session C)
|
||||||
|
Specific instances of prior consensual sexual activity between the victim and any person other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent.
Specific instances of prior consensual sexual activity between the victim and any person other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; ....
• a person subjected to coercion, as defined in s. 787.06, for the purpose of being used in human trafficking
Moreover, section 787.06 provides a definition for exploitation, by the examples of human trafficking that are prohibited in section 787.06(3)(a) through subsection (3)(g), which include coerced labor, coerced services, and sexual exploitation. Soliciting a child for prostitution is included within the meaning of "exploitation" by section 787.06(3)(g). Thus, we conclude the statute does include prostitution of a child within the definition of human trafficking. A person who "knowingly or recklessly in disregard of the facts" engages in human trafficking by soliciting a child for commercial sexual activity violates the statute. Such activity includes any violation of Chapter 796, prohibiting prostitution and related acts. See § 787.06(2)(b), Fla. Stat. (2018).
The prosecutor charged Wyche with racketeering, conspiracy to engage in racketeering, human trafficking, and cocaine trafficking, first-degree felonies punishable by thirty years in prison. (Doc. 9-2 at 2-13.) §§ 775.082(3)(b), 787.06(3)(b), and 893.135(1)(b)(1)(a), Fla. Stat. (2014); §§ 775.082(3)(b) and 895.04(1), Fla. Stat. (2008). As a result, Wyche faced a 120-year prison sentence. In exchange for Wyche's guilty plea to the racketeering and human trafficking charges, the prosecutor agreed to a ten-year prison sentence and agreed to dismiss the drug trafficking and racketeering conspiracy charges. (Doc. 9-2 at 15-24.)
The Court is unconvinced by Plaintiff's reliance on Florida's Human Trafficking statute, which states that “victims of human trafficking are subjected to force, fraud, or coercion,” and the Legislature intends to protect such victims. Fla. Stat. § 787.06(1)(a), (d). To the extent Plaintiff is urging the Court to expand Florida's affirmative defense of coercion to incorporate the definition of “coercion” within Fla. Stat. § 787.06(2)(a), the Court declines to do so. Fla. Stat. § 787.06 is a criminal statute defining the types of activity that constitute human trafficking. By the express terms of the statute, its definition of “coercion” is limited to “this section,” i.e., the Human Trafficking statute. § 787.06(2).
Even if the victim had a then-existing mental illness that was significant enough to affect her ability to consent, evidence of her mental illness would have been admissible against Defendant to show that the victim did not consent. See § 794.022, Fla. Stat. (2014) (“When consent of the victim is a defense to prosecution under s. 787.06, s. 794.011, or s. 800.04, evidence of the victim's mental incapacity or defect is admissible to prove that the consent was not intelligent, knowing, or voluntary; and the court shall instruct the jury accordingly.”). Accordingly, it is apparent that expert testimony regarding the victim's alleged mental health history would not have been as helpful as Defendant speculates it would have been because it would have been admissible as evidence undermining the defense theory of consent.
In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of s. 775.21(6) and (10)(a), (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
. . . and any person other than the offender may not be admitted into evidence in a prosecution under s. 787.06 . . . the offense incited the sexual battery may not be admitted into evidence in a prosecution under s. 787.06 . . .
. . . . § 787.06(3)(b), Fla. Stat. . . . . § 787.06(3)(d), Fla. Stat. . . . . § 787.06(3)(g), Fla. Stat. . . . . § 787.06(2)(g), Fla. Stat. . . . . § 787.06(2)(h), Fla. Stat. . . .
. . . The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes . . . I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have . . . finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06 . . .
. . . That section provides that "[w]hen consent of the victim is a defense to prosecution under s. 787.06, . . .
. . . See § 787.06(8), Fla. Stat. (2016). . . . Give in all cases. § 787.06(2)(d), Fla. Stat. . . . . § 787.06(2)(f), Fla. Stat. . . . . § 787.06(2)(g), Fla. Stat. . . . Give if requested. § 787.06(11), Fla. Stat. . . .
. . . and any person other than the offender may not be admitted into evidence in a prosecution under s. 787.06 . . .
. . . otherwise barred from prosecution on or before October 1, 2014. (19) A prosecution for a violation of s. 787.06 . . .
. . . 787.025(2)(c), where the victim is a minor and the defendant is not the victim’s parent or guardian; s. 787.06 . . . (3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.794.011, excluding s. 794.011(10); s. 794.05; former . . .
. . . Give in all cases. § 787.06(2)(d), Fla. Stat. . . . . § 787.06(2)(g), Fla. . . . . § 787.06(2)(h), Fla. Stat. . . . Give if requested. § 787.06(89), Fla. Stat. . . . Give if requested. § .787.06(10), Fla. Stat. . . .
. . . prohibited under this chapter be prosecuted under other laws of this state, such as, but not limited to, s. 787.06 . . .
. . . considered-for-placement-in-a-r-esidential-freatment-cen-ter-;- or (E-)-is--a-victi-m-of-hum-an-trafflcking as defined — in.section ,787.06 . . .
. . . . § 787.06(3)(b), Fla. Stat. . . . . § 787.06(3)(d), Fla. Stat. . . . . § 787.06(3)(e)l, Fla. . . . . § 787.06(3)(m, Fla. Stat. . . . . § 787.06(3)(a), Fla. Stat. . . .
. . . The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes . . .
. . . purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06 . . . (3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), • s. 794.05, former s. 796.03, . . .
. . . placement in a residential treatment center; or (E) is a victim of human trafficking as defined in section 787.06 . . .
. . . The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes . . . finds the following: L The petitioner has been the victim of human trafficking, as discussed in section 787.06 . . .
. . . the terms of this affidavit. 2. 1 have been the victim of human trafficking, as discussed in section 787.06 . . . The petitioner has been the victim of human trafficking, as discussed in section 787.06. . . .
. . . . § 787.06(2)(ff), Fla. Stat. . . . . § 787.06(2) (h), Fla. Stat. . . . . § 787.06(2)(g), Fla. Stat. . . . . § 787.06(2) (h), Fla. Stat. . . . Enhanced penalty. § 787.06(3)(h), Fla. Stat. . . .
. . . . § 787.06; and (3) unlawful conduct with respect to documents in furtherance of trafficking in violation . . .