Senate Bill sb0136

    Florida Senate - 2001                                   SB 136

    By Senator Campbell





    33-32-01

  1                      A bill to be entitled

  2         An act relating to rules of evidence; amending

  3         s. 794.022, F.S.; providing for certain rules

  4         of evidence applicable to the criminal

  5         prosecution of the crime of sexual battery to

  6         apply in any civil action brought under the

  7         Florida Civil Rights Act involving the

  8         perpetration or alleged perpetration of such

  9         crime; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 794.022, Florida Statutes, is

14  amended to read:

15         794.022  Rules of evidence.--

16         (1)  The testimony of the victim need not be

17  corroborated in a prosecution under s. 794.011.

18         (2)  Specific instances of prior consensual sexual

19  activity between the victim and any person other than the

20  offender shall not be admitted into evidence in a prosecution

21  under s. 794.011.  However, such evidence may be admitted if

22  it is first established to the court in a proceeding in camera

23  that such evidence may prove that the defendant was not the

24  source of the semen, pregnancy, injury, or disease; or, when

25  consent by the victim is at issue, such evidence may be

26  admitted if it is first established to the court in a

27  proceeding in camera that such evidence tends to establish a

28  pattern of conduct or behavior on the part of the victim which

29  is so similar to the conduct or behavior in the case that it

30  is relevant to the issue of consent.

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 136
    33-32-01




  1         (3)  Notwithstanding any other provision of law,

  2  reputation evidence relating to a victim's prior sexual

  3  conduct or evidence presented for the purpose of showing that

  4  manner of dress of the victim at the time of the offense

  5  incited the sexual battery shall not be admitted into evidence

  6  in a prosecution under s. 794.011.

  7         (4)  When consent of the victim is a defense to

  8  prosecution under s. 794.011, evidence of the victim's mental

  9  incapacity or defect is admissible to prove that the consent

10  was not intelligent, knowing, or voluntary; and the court

11  shall instruct the jury accordingly.

12         (5)  An offender's use of a prophylactic device, or a

13  victim's request that an offender use a prophylactic device,

14  is not, by itself, relevant to either the issue of whether or

15  not the offense was committed or the issue of whether or not

16  the victim consented.

17         (6)  The rules of evidence provided in this section

18  apply in any civil action brought under the Florida Civil

19  Rights Act involving the perpetration or alleged perpetration

20  of a violation of s. 794.011.

21         Section 2.  This act shall take effect upon becoming a

22  law.

23

24            *****************************************

25                          SENATE SUMMARY

26
      Provides that the rules of evidence which are applicable
27    to the testimony allowed in prosecuting the offense of
      sexual battery also apply for purposes of a civil action
28    brought under the Florida Civil Rights ACt.

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.