Florida Statute 794.022 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 794
SEXUAL BATTERY

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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 Citing Statute 794.022

Total Results: 20

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-05

Snippet: the victims under the rape shield statute. See § 794.022(2). Mr. Lydecker also argues that the trial court

JOSEPH BLOW vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-29

Snippet: 794 governs the crime of sexual battery. Section 794.022, Florida Statutes, sets forth rules of evidence

RAYMOND VINCENT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-02

Snippet: convictions. The rape shield statute, section 794.022(2), Florida Statutes (2019), provides:

MARLON TERRANCE MURPHY v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-05-05

Snippet: unduly prejudicial character evidence. See § 794.022(2), Fla. Stat.; § 90.404, Fla. Stat.; § 90.402

GARY TIMOTHY KITCHINGS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-02-12

Snippet: admission of that evidence was precluded by section 794.022, Florida Statutes, Florida’s rape shield law. The

Larry Michael Thorne v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-13

Citation: 271 So. 3d 177

Snippet: that such evidence was inadmissible under section 794.022(2), Florida Statutes, commonly referred to as the

Christopher Allen Teachman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-01-02

Citation: 264 So. 3d 242

Snippet: source of semen, pregnancy, injury, or disease. § 794.022, Fla. Stat.; Gomez v. State, 245 So. 3d 950, 953

JAMES AMELIO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Citation: 253 So. 3d 1150

Snippet: The challenged instruction references section 794.022(4), Florida Statutes, and states: “Evidence of

Arroyo v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-08-01

Citation: 252 So. 3d 374

Snippet: pursuant to the Rape Shield Statute, section 794.022, Florida Statutes (2010), to exclude any reference

CARLOS GOMEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 245 So. 3d 950

Snippet: employer would violate the rape shield law, section 794.022, Florida Statutes (2013). The court also determined

Dylan Robinson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-04-05

Citation: 241 So. 3d 972

Snippet: precludes this type of evidence to show consent, § 794.022(2), Fla. Stat. (2014), Robinson maintains the evidence

Portillo v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-02-22

Citation: 211 So. 3d 1135, 2017 WL 697729, 2017 Fla. App. LEXIS 2348

Snippet: argues that the victim’s testimony violated section 794.022(2), Florida Statutes (2014), a subsection of Florida’s

In re Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1231

Snippet: 316.066 and the rape shield statute in section 794,022 were never within scope of the [C]ommittee’s recommendations”)

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Snippet: 316.066 and the rape shield statute in section 794.022 were never within scope of the [C]ommittee’s recommendations”)

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

Court: Supreme Court of Florida | Date Filed: 2016-04-14

Citation: 190 So. 3d 1055, 2016 WL 1460708

Snippet: offender. Give if applicable. § 794.022(4), Fla. Stat. . Evidence of the — victim’s

Rafael Alexander Gutierrez v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2015-06-25

Citation: 177 So. 3d 226, 40 Fla. L. Weekly Supp. 359, 2015 Fla. LEXIS 1383

Snippet: corroboration of the alleged crime, and because section 794.022(1), Florida Statutes (2012), provided that in a

In re Standard Jury Instructions in Criminal Cases

Court: Supreme Court of Florida | Date Filed: 2015-01-29

Citation: 156 So. 3d 1037

Snippet: defense to the crime charged. Give if requested. § 794-022, Fla. Stat. (Victim’s) lack of chastity is not

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2014-03

Court: Supreme Court of Florida | Date Filed: 2015-01-29

Citation: 156 So. 3d 1037, 2015 WL 358011

Snippet: the crime charged. Give if requested. § 794.022, Fla. Stat. (Victim’s) lack of chastity is

Cooper v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

Citation: 137 So. 3d 530, 2014 WL 1301510, 2014 Fla. App. LEXIS 4782

Snippet: prevent such cross-examination based upon section 794.022, Florida Statutes (2008) (commonly referred to

Anderson v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-03-14

Citation: 133 So. 3d 646, 2014 WL 996486, 2014 Fla. App. LEXIS 3600

Snippet: the offense incited the sexual battery...." § 794.022(3), Fla. Stat. (2011).