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Florida Statute 794.022 | Lawyer Caselaw & Research
F.S. 794.022 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.022
794.022 Rules of evidence.
(1) The testimony of the victim need not be corroborated in a prosecution under s. 787.06, s. 794.011, or s. 800.04.
(2) 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.
(3) Notwithstanding any other provision of law, reputation evidence relating to a victim’s prior sexual conduct or evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the sexual battery may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04.
(4) 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.
(5) An offender’s use of a prophylactic device, or a victim’s request that an offender use a prophylactic device, is not, by itself, relevant to either the issue of whether or not the offense was committed or the issue of whether or not the victim consented.
History.s. 2, ch. 74-121; s. 237, ch. 77-104; s. 1, ch. 83-258; s. 1, ch. 90-40; s. 5, ch. 90-174; s. 25, ch. 93-156; s. 1, ch. 94-80; s. 5, ch. 2016-199.

F.S. 794.022 on Google Scholar

F.S. 794.022 on Casetext

Amendments to 794.022


Arrestable Offenses / Crimes under Fla. Stat. 794.022
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 794.022.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THORNE, v. STATE, 271 So. 3d 177 (Fla. App. Ct. 2019)

. . . relationships "or make some reference thereto," and argued that such evidence was inadmissible under section 794.022 . . . exclude evidence that would otherwise be admissible under the Florida Evidence Code; instead, section 794.022 . . . battery may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04. § 794.022 . . .

TEACHMAN, v. STATE, 264 So. 3d 242 (Fla. App. Ct. 2019)

. . . . § 794.022, Fla. Stat.; Gomez v. State , 245 So.3d 950, 953 (Fla. 4th DCA 2018). . . . exclude evidence that would otherwise be admissible under the Florida Evidence Code; instead, section 794.022 . . . defendant's "right to full and fair cross-examination, guaranteed by the Sixth Amendment, may limit [ section 794.022 . . . substantially outweighed by the risk of unfair prejudice and is precluded from admission under section 794.022 . . .

AMELIO, v. STATE, 253 So. 3d 1150 (Fla. App. Ct. 2018)

. . . The challenged instruction references section 794.022(4), Florida Statutes, and states: "Evidence of . . . The State argues the court correctly read the instruction based on section 794.022(4), Florida Statutes . . . The State argues: "[b]ased on [ section 794.022(4) ] and the fact that consent was the defense asserted . . . Section 794.022 is an evidentiary statute. . . .

ARROYO, v. STATE, 252 So. 3d 374 (Fla. App. Ct. 2018)

. . . Before trial, the State filed a motion in limine pursuant to the Rape Shield Statute, section 794.022 . . . with Tyler prior to arriving at Juarez's party on the authority of the Rape Shield Statute, section 794.022 . . . other than the offender shall not be admitted into evidence" in a prosecution for sexual battery. § 794.022 . . . Upon review by the Florida Supreme Court, the Court noted that "[u]nder section 794.022(2), a victim's . . . the victim's character as the kind of person who engages in this type of explicit text messaging. § 794.022 . . .

GOMEZ, v. STATE, 245 So. 3d 950 (Fla. App. Ct. 2018)

. . . that the examination of her relationship with her employer would violate the rape shield law, section 794.022 . . . Section 794.022(2), Florida Statutes (2013), prohibits questioning a victim regarding a sexual relationship . . . Moreover, even if the conduct were considered consensual, and thus within the ambit of section 794.022 . . .

ROBINSON, v. STATE, 241 So. 3d 972 (Fla. App. Ct. 2018)

. . . Although Florida's Rape Shield law generally precludes this type of evidence to show consent, § 794.022 . . .

PORTILLO, v. STATE, 211 So. 3d 1135 (Fla. Dist. Ct. App. 2017)

. . . Portillo argues that the victim’s testimony violated section 794.022(2), Florida Statutes (2014), a subsection . . . that his conviction should be reversed because the victim’s testimony in this regard violated section 794.022 . . . is so similar to the conduct or behavior in the case that it is relevant to the issue of consent. § 794.022 . . . In fact, since it was enacted, section 794.022(2) has been applied to limit only the defense; it has . . . Finally, even if Portillo had preserved an objection and even if section 794.022(2) provides a blanket . . . sexual battery case has the same right as does the victim to invoke Florida’s Rape Shield Law, section 794.022 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS A A, 190 So. 3d 1055 (Fla. 2016)

. . . . § 794.022(4), Fla. Stat. . . . . Give if requested. § 794.022, Fla. Stat. . . . Give if requested. § 794.022, Fla. Stat. . . . Give if requested. § 794.022, Fla. Stat. . . .

GUTIERREZ, v. STATE, 177 So. 3d 226 (Fla. 2015)

. . . opening statement that there was a lack of corroboration of the alleged crime, and because section 794.022 . . . trial court in this case agreed to give the “no corroboration” instruction, in part, because section 794.022 . . . Section 794.022, titled “Rules of evidence,” addresses the admission and exclusion of certain evidentiary . . . The Second District in Brmm set forth a detailed history of section 794.022(1), and observed that the . . . The principle of law in section 794.022(1), the “no corroboration” provision, is not intended to be a . . .

COOPER, v. STATE, 137 So. 3d 530 (Fla. Dist. Ct. App. 2014)

. . . The court granted the state’s motion in limine to prevent such cross-examination based upon section 794.022 . . . See § 794.022(2)-(3), Fla. . . .

ANDERSON, v. STATE, 133 So. 3d 646 (Fla. Dist. Ct. App. 2014)

. . . ." § 794.022(3), Fla. Stat. (2011). . . .

GUTIERREZ, v. STATE, 133 So. 3d 1123 (Fla. Dist. Ct. App. 2014)

. . . State argued that the requested special instruction used the exact statutory language from section 794.022 . . . The permissibility of a special “no corroboration” jury instruction rooted in the language of section 794.022 . . . special instruction reviewed in Brown involved the verbatim use of the statutory language in section 794.022 . . . However, it concluded the history of section 794.022(1) revealed that the statute was directed at the . . . Brown opposed the requested instruction on the basis that section 794.022(1) was only pertinent to the . . .

WARE, v. STATE, 124 So. 3d 388 (Fla. Dist. Ct. App. 2013)

. . . Evid. 412; § 794.022, Fla. Stat. (2013); Charles W. . . .

TORRES, v. STATE, 54 So. 3d 535 (Fla. Dist. Ct. App. 2011)

. . . Another aspect of this case is that pursuant to section 794.022(3), Florida Statutes (2010), the State . . .

BROWN, Jr. v. STATE, 11 So. 3d 428 (Fla. Dist. Ct. App. 2009)

. . . us to determine is whether the trial court erred in instructing the jury in accordance with section 794.022 . . . At the charge conference, the prosecutor requested a special jury instruction based on section 794.022 . . . The State’s requested instruction tracked the language of section 794.022(1) almost verbatim. . . . The History and Purpose of Section 794.022(1) The content of section 794.022(1) originated in 1974 as . . . Ch. 74-121, § 2, at 372, Laws of Fla.; § 794.022(1), Fla. Stat. (Supp.1974). . . .

VICTORY, v. STATE, 981 So. 2d 1240 (Fla. Dist. Ct. App. 2008)

. . . Section 794.022, Florida Statutes (The Rape Shield Law), excludes “[sjpecific instances of prior consensual . . . may prove that the defendant was not the source of the semen, pregnancy, injury, or disease.... ” § 794.022 . . . Section 794.022(2), Florida Statutes (2007), provides that specific instances of prior consensual sexual . . .

FRONCZAK, v. PINELLAS COUNTY, FLORIDA, G., 270 F. App'x 855 (11th Cir. 2008)

. . . State § 794.022(1) (“The testimony of the victim need not be corroborated in a prosecution under § 794.011 . . .

ESTEBAN, v. STATE, 967 So. 2d 1095 (Fla. Dist. Ct. App. 2007)

. . . . § 794.022, Fla. Stat. (2005). In Marr v. . . . Evidence that the victim was a prostitute is reputation evidence, which under section 794.022(3) is inadmissible . . .

JOHNSON, v. W. MOORE,, 472 F. Supp. 2d 1344 (M.D. Fla. 2007)

. . . Indeed, this conceivably fits within 794.022 [the Florida Rape Shield Statute], a pattern of consent . . . sure 794.022 applies in prostitution generally, but even if we were to take the language of that, 794.022 . . . Florida Statute 790.— [DEFENSE COUNSEL]: 794.022, the rape shield statute. . . . [DEFENSE COUNSEL]: 794.022. THE COURT: You mean .022? [DEFENSE COUNSEL]: Yes, Your Honor. . . . This exclusion was based on Section 794.022(2), Florida Statutes, the Florida Rape Shield Law, which . . .

CARLYLE, v. STATE, 945 So. 2d 540 (Fla. Dist. Ct. App. 2006)

. . . .” § 794.022(2), Fla. Stat. (2004). . . . Florida’s rape shield law, section 794.022(2), further provides that evidence [of prior sexual activity . . . hearing, the defense asserted that “prostitution is prostitution,” meaning that pursuant to section 794.022 . . . evidence relating to a victim’s prior sexual conduct” — which is specifically prohibited by section 794.022 . . . Section 794.022(2), Florida Statutes (1983), is merely a codification of this jurisdiction’s rule of . . .

G. DOCEKAL, v. STATE, 929 So. 2d 1139 (Fla. Dist. Ct. App. 2006)

. . . Florida’s Rape Shield statute, section 794.022, Florida Statutes (2005), prohibits introduction into . . .

HOGAN, v. STATE, 908 So. 2d 498 (Fla. Dist. Ct. App. 2005)

. . . See § 794.022(2), Fla. Stat. (2003). Compare Minus v. State, 901 So.2d 344 (Fla. 4th DCA 2005). . . .

MINUS, v. STATE, 901 So. 2d 344 (Fla. Dist. Ct. App. 2005)

. . . relevance as it applies in cases of sexual battery is codified in the rape-shield statute, section 794.022 . . . is so similar to the conduct or behavior in the case that it is relevant to the issue of consent. § 794.022 . . . As noted in the statute and in Kaplan, section 794.022 does not make this evidence inadmissible. . . .

STRONG, v. STATE, 853 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

. . . conclude that the trial court acted within its discretion in giving a jury instruction on subsection 794.022 . . . The trial court granted the State’s request to instruct the jury on subsection 794.022, Florida Statutes . . . The defense points out that section 794.022, Florida Statutes, is entitled “Rules of Evidence.” . . . The defense argues that in a companion part of section 794.022, subsection (4) addresses consent where . . . Id. § 794.022(4). . . .

L. STAPLES, v. STATE, 831 So. 2d 756 (Fla. Dist. Ct. App. 2002)

. . . the purported testimony of Rodriguez would necessarily be inadmissable under the rape shield statute, 794.022 . . .

GILLIAM, v. STATE v. W., 817 So. 2d 768 (Fla. 2002)

. . . Furthermore, the instant evidence would not have been admissible under the Rape Shield Law, section 794.022 . . . Section 794.022 provides in pertinent part: (2) Specific instances of prior consensual sexual activity . . . is so similar to the conduct or behavior in the case that it is relevant to the issue of consent. § 794.022 . . .

STATE v. ADDERLY,, 803 So. 2d 760 (Fla. Dist. Ct. App. 2001)

. . . See § 794.022(2), Florida Statutes (2001). . . .

SALEEM, v. STATE, 773 So. 2d 89 (Fla. Dist. Ct. App. 2000)

. . . See § 794.022(1), Fla. Stat. (1999); Thomas v. State, 167 So.2d 309 (Fla.1964); Robinson v. . . .

RANCOURT, v. STATE, 766 So. 2d 1071 (Fla. Dist. Ct. App. 2000)

. . . See § 794.022, Fla. Stat. (1999). . . .

W. McLEAN, v. STATE, 754 So. 2d 176 (Fla. Dist. Ct. App. 2000)

. . . The Rape Shield Statute, section 794.022, Florida Statutes (1995), prohibits evidence of specific instances . . . Section 794.022 is the codification of the rule of relevancy that a victim’s prior sexual activity with . . .

SMITH, v. HOOLIGAN S PUB OYSTER BAR, LTD., 753 So. 2d 596 (Fla. Dist. Ct. App. 2000)

. . . Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime . . .

COMMERFORD, v. STATE, 728 So. 2d 796 (Fla. Dist. Ct. App. 1999)

. . . We also note that, notwithstanding section 794.022(2), Florida Statutes (1997), a victim’s prior sexual . . .

JORGENSON, v. STATE, 714 So. 2d 423 (Fla. 1998)

. . . Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime . . .

RANKIN, v. EVANS, s, 133 F.3d 1425 (11th Cir. 1998)

. . . Stat. 794.022(1) (West Supp.1990), "[t]he testimony of the victim need not be corroborated in a prosecution . . .

MITCHELL, v. STATE, 695 So. 2d 810 (Fla. Dist. Ct. App. 1997)

. . . . § 794.022(2), Fla. Stat. (1995). . . .

DELGADO, v. STATE, 680 So. 2d 1049 (Fla. Dist. Ct. App. 1996)

. . . . § 794.022, Fla.Stat. (1995). . . .

HEDGES, v. STATE, 667 So. 2d 420 (Fla. Dist. Ct. App. 1996)

. . . Except as provided in s. 794.022 [the rape shield law], evidence of a pertinent trait of character of . . .

CAMEJO, v. STATE, 660 So. 2d 242 (Fla. 1995)

. . . Section 794.022 specifically provides that testimony of a sexual abuse victim need not be corroborated . . .

STATE v. CAMEJO,, 641 So. 2d 109 (Fla. Dist. Ct. App. 1994)

. . . Section 794.022 specifically provides that testimony of a sexual abuse victim need not be corroborated . . . However, section 794.022(1) specifically provides that testimony of a victim need not be corroborated . . .

DUPREE, v. STATE, 615 So. 2d 713 (Fla. Dist. Ct. App. 1993)

. . . Except as provided in s. 794.022 [rules of evidence in sexual battery chapter], evidence of a pertinent . . .

R. DIXON, v. STATE, 605 So. 2d 960 (Fla. Dist. Ct. App. 1992)

. . . State, 407 So.2d 1007 (Fla. 5th DCA 1981), and exclusion under the rape shield statute, section 794.022 . . .

LANGSTON, Jr. v. STATE, 603 So. 2d 104 (Fla. Dist. Ct. App. 1992)

. . . appear that the proffer satisfied the requirements for demonstrating an exception under subsection 794.022 . . .

McGRIFF, v. STATE, 601 So. 2d 1320 (Fla. Dist. Ct. App. 1992)

. . . ’s attorney suggested to the judge that although he would object to the specific testimony, section 794.022 . . .

ROBERTS, v. K. SINGLETARY,, 794 F. Supp. 1106 (S.D. Fla. 1992)

. . . . § 794.022 denied him his Fifth and Sixth Amendment Rights to present a defense, to cross-examination . . . Ann. § 794.022. . . .

STATE v. PANCOAST,, 596 So. 2d 162 (Fla. Dist. Ct. App. 1992)

. . . In accordance with section 794.022(2), Florida Statutes (1989), the judge conducted an in camera proceeding . . .

CASTRO, v. STATE, 591 So. 2d 1076 (Fla. Dist. Ct. App. 1991)

. . . concerns the action of the trial judge in excluding, purportedly under the rape shield statute, section 794.022 . . .

LEWIS, v. STATE, 591 So. 2d 922 (Fla. 1991)

. . . position that the testimony was inadmissible as evidence of a victim’s prior sexual activity under section 794.022 . . . The trial court made no ruling on the applicability of section 794.022(2), instead relying on our decision . . . , evidence of the victim’s sexual relationship with her boyfriend was held irrelevant under section 794.022 . . . Section 794.022(2), Florida Statutes (1987), reads, in pertinent part: Specific instances of prior consensual . . . Our decision does not directly address section 794.022 and should not be read to cast doubt on the validity . . .

DEPARTMENT OF PROFESSIONAL REGULATION, v. S. WISE, M. D., 575 So. 2d 713 (Fla. Dist. Ct. App. 1991)

. . . The first argument in support of this point is founded upon Section 794.022, Florida Statutes, which . . . Section 794.022 is expressly limited by its own language to “prosecution[s] under s. 794.011.” . . .

ROBINSON, v. STATE, 575 So. 2d 699 (Fla. Dist. Ct. App. 1991)

. . . argues, among other things, that the trial court erred in applying Florida’s Rape Shield Law, section 794.022 . . . After the state rested its case, the state, relying on section 794.022, moved in limine to prohibit appellant . . . Section 794.022 provides in pertinent part: (2) Specific instances of prior consensual sexual activity . . .

LEWIS, v. STATE, 570 So. 2d 412 (Fla. Dist. Ct. App. 1990)

. . . that respective counsel debated the possible applicability of Florida’s rape shield statute, see § 794.022 . . . However, we note that section 794.022(2) and (3) has been held to be an explicit statement of the rule . . . analysis of this issue necessarily takes into account cases decided under the provisions of section 794.022 . . .

MARX, a v. H. GUMBINNER,, 905 F.2d 1503 (11th Cir. 1990)

. . . . § 794.022(1) (West Supp.1990). . . . We find no Florida case applying section 794.022(1) to similar facts, but we need not decide whether . . .

YOUNG, v. STATE, 562 So. 2d 370 (Fla. Dist. Ct. App. 1990)

. . . .” § 794.022(2), Fla.Stat. (1987). . . .

PADGETT, v. STATE, 551 So. 2d 1259 (Fla. Dist. Ct. App. 1989)

. . . See § 794.022, Fla.Stat. (1987). . Cotita v. . . .

ANDERSON, v. STATE, 549 So. 2d 807 (Fla. Dist. Ct. App. 1989)

. . . A Florida statute (§ 794.022(1), Fla.Stat.) expressly provides that the testimony of a victim need not . . .

CAMPBELL, v. STATE, 553 So. 2d 184 (Fla. Dist. Ct. App. 1989)

. . . Appellant contends that the testimony of the witnesses would have been admissible under section 794.022 . . . Section 794.022(2), Florida Statutes. . . .

JACOB, v. STATE, 546 So. 2d 113 (Fla. Dist. Ct. App. 1989)

. . . Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime . . .

ORTIZ, v. STATE, 545 So. 2d 926 (Fla. Dist. Ct. App. 1989)

. . . Affirmed on the authority of section 794.022, Florida Statutes (1987), and Kaplan v. . . .

STATE v. COE, III,, 521 So. 2d 373 (Fla. Dist. Ct. App. 1988)

. . . We note that section 794.022(1), Florida Statutes (1987), provides that the testimony of a sexual battery . . .

STATE OF FLORIDA v. STEWART, 25 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1987)

. . . Section 794.022(2) (1985). . . .

ROBERTS, v. STATE, 510 So. 2d 885 (Fla. 1987)

. . . the alleged prostitution does not fall within the parameters of Florida's Rape Shield Law, section 794.022 . . . specific instance of prior consensual sexual activity” with one other than the defendant under section 794.022 . . . (2), nor is it reputation evidence under section 794.022(3), we believe this is precisely the type of . . . Section 794.022(2) and (3) is a codification of the rule of relevancy as it applies to the prior sexual . . .

G. WILLIAMS, v. STATE, 507 So. 2d 1122 (Fla. Dist. Ct. App. 1987)

. . . Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime . . . offered by an accused, or by the prosecution to rebut the trait; or ****** (NOTE: Section 794.022 deals . . .

VIZZI, v. STATE, 501 So. 2d 613 (Fla. Dist. Ct. App. 1986)

. . . The trial court ruled, based on its interpretation of the Rape Victim Shield Statute [§ 794.022, Fla.Stat . . . here, to demonstrate fabrication, rather than consent or identity, the Rape Victim Shield Statute [§ 794.022 . . .

MARR, v. STATE, 494 So. 2d 1139 (Fla. 1986)

. . . First District Court of Appeal affirmed the trial court’s ruling on the constitutionality of section 794.022 . . . Under section 794.022(2), a victim’s prior sexual activity with anyone other than the accused is generally . . . proffered questions may have had is clearly overshadowed in this case by the policy enunciated in section 794.022 . . . carefully protected petitioner’s rights while at the same time furthered the policy manifested in section 794.022 . . . McDonald, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur. . § 794.022(2), Fla.Stat (1983 . . .

WOODSON, v. STATE, 483 So. 2d 858 (Fla. Dist. Ct. App. 1986)

. . . Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime . . .

BAEZA, v. STATE, 489 So. 2d 36 (Fla. Dist. Ct. App. 1986)

. . . The court based its ruling on section 794.022(2), Florida Statutes (1985) — Florida’s rape-shield statute . . . Associate Judge, concur. . § 794.011(2), Fla.Stat. (1983); § 794.01 l(4)(e), Fla.Stat. (1983). . § 794.022 . . .

DEEL, v. STATE, 481 So. 2d 15 (Fla. Dist. Ct. App. 1985)

. . . This issue focuses on the definition of “injury” under section 794.022(2), Florida Statutes (1983), which . . .

KEMP, v. STATE, 464 So. 2d 1238 (Fla. Dist. Ct. App. 1985)

. . . The trial judge refused to allow the proffered testimony on the strength of section 794.022(2), Florida . . . Section 794.022(2) forbids the admission into evidence of any specific instances of prior sexual activity . . . Appellant contends that the exclusion of the proffered question and answer on the authority of section 794.022 . . .

MARR, v. STATE, 470 So. 2d 703 (Fla. Dist. Ct. App. 1985)

. . . First, that the trial court erred in holding Section 794.022(2), Florida Statutes, constitutional in . . . Appellant first contends that the trial judge erred in holding constitutional section 794.022(2), because . . . Section 794.022(2) provides in part that specific instances of prior consensual sexual activity between . . . trial judge ruled that this line of questioning was inadmissible, because it was barred by section 794.022 . . . Similarly, we find that section 794.022(2) is constitutional as applied to the facts before us. . . . forcible carnal knowledge), by Chapter 74-121, Section 1, Laws of Florida (2) the amendment of Section 794.022 . . . Nothing in Sections 794.01 or 794.022, Florida Statutes, before repeal or after amendment, contained . . . In fact, the deletion of the language formerly in Section 794.022(1), by Chapter 83-258, Section 1, Laws . . . State, 337 So.2d 788 (Fla.1976) the Supreme Court, in examining s. 794.022(1) stated "if the testimony . . . Probable Effect of Proposed Changes: HB 348 would amend s. 794.022(1) to remove from the court the power . . . Prior to 1983, Section 794.022, Florida Statutes, entitled "Rules of Evidence,” provided as follows: . . .

KAPLAN, v. STATE, 451 So. 2d 1386 (Fla. Dist. Ct. App. 1984)

. . . Section 794.022(2), Florida Statutes (1983), provides in pertinent part: Specific instances of prior . . . Section 794.022(2), Florida Statutes (1983), is merely a codification of this jurisdiction’s rule of . . . Section 794.022(2), Fla.Stat. (1983). . . . This is the testimony that was excluded, I think erroneously, under the provisions of Section 794.022 . . . with the result that case law must be followed.[] Not only are there substantive defects in section 794.022 . . .

ADKINS, v. STATE, 448 So. 2d 1096 (Fla. Dist. Ct. App. 1984)

. . . Both parties appropriately rely upon section 794.022(2), Florida Statutes (1981), which provides: Specific . . . with it on a particular occasion, except: (b) Character of the victim,— (1) Except as provided in s. 794.022 . . . Section 794.022 does, however, bar evidence of specific sexual acts unless that evidence establishes . . . isolated act of premarital sex did not constitute a “pattern of conduct” within the meaning of Section 794.022 . . . Each ease to which section 794.022(2) applies is going to involve a judgment call by the trial judge. . . .

WINTERS, a k a a k a G. v. STATE, 425 So. 2d 203 (Fla. Dist. Ct. App. 1983)

. . . . § 794.022(2), Fla.Stat. (1981): Specific instances of prior consensual sexual activity between the . . .

McELVEEN, v. STATE, 415 So. 2d 746 (Fla. Dist. Ct. App. 1982)

. . . a pattern of conduct which was legally relevant to the issue of consent in accordance with Section 794.022 . . . Section 794.022(2), Florida Statutes (1979), provides: Specific instances of prior consensual sexual . . . particular occasion, except: * * * * * * (b) Character of the victim.— (1) Except as provided in s. 794.022 . . . Section 794.022 does, however, bar evidence of specific sexual acts unless that evidence establishes . . . isolated act of premarital sex did not constitute a “pattern of conduct” within the meaning of Section 794.022 . . .

BURWICK, v. STATE, 408 So. 2d 722 (Fla. Dist. Ct. App. 1982)

. . . would include evidence of specific instances of sexual activity by the victim, excluded by Section 794.022 . . .

F. HICKS, v. STATE, 388 So. 2d 357 (Fla. Dist. Ct. App. 1980)

. . . State, 338 So.2d 873 (Fla. 3d DCA 1976); § 794.022(1), Fla.Stat. (1979). . . .

HODGES, v. STATE, 386 So. 2d 888 (Fla. Dist. Ct. App. 1980)

. . . Section 794.022(2), provides that specific instances of prior consensual sexual activity between the . . . evidence in prosecutions under Section 794.011, Florida Statutes; however, under the statute (Section 794.022 . . .

E. PENDLETON, v. STATE OF, 348 So. 2d 1206 (Fla. Dist. Ct. App. 1977)

. . . standard jury instruction rather than the special instruction requested by defendant, pursuant to Section 794.022 . . .