Tampa Attorney for Florida’s Rape Shield Law

Florida’s Rape Shield Law serves as a legal safeguard for victims in sex crime cases by limiting the use of their past sexual history in court. Codified in Section 794.022, Florida Statutes, this law ensures that prior consensual sexual activity between the alleged victim and anyone other than the accused is generally inadmissible in prosecutions for sex crimes, including sexual battery. This law was created to maintain the integrity of the judicial process and protect victims from undue character attacks. Ultimately, it encourages survivors to come forward without fear of public scrutiny or humiliation.

Exceptions to Florida’s Rape Shield Law

While the law provides strong protections, Section 794.022 outlines limited circumstances where evidence of an alleged victim’s past sexual activity may be admissible. The statute states:

“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.”

Thus, while Florida’s Rape Shield Law favors excluding a victim’s prior sexual conduct, it allows for limited exceptions when such evidence is directly relevant and has been reviewed by a judge in a private “in camera” proceeding.

Rape Shield Applies Only to Consensual Activity With Others

Florida courts have clarified that the Rape Shield Law applies only to consensual sexual activity with persons other than the accused. This distinction plays a crucial role in legal proceedings.

Relevant case law includes:

• Vincent v. State, 368 So. 3d 993 (Fla. 4th DCA 2023)
• Gomez v. State, 245 So. 3d 950, 953 (Fla. 4th DCA 2018)
• McLean v. State, 754 So. 2d 176, 182 (Fla. 2d DCA 2000)

These rulings reinforce that the primary intent of the law is to prevent undue prejudice against victims while ensuring that trials focus on relevant evidence rather than a victim’s private history.

When Evidence of Prior Sexual Conduct May Be Admissible

Florida’s Rape Shield Law is designed to protect victims from intrusive and irrelevant inquiries into their sexual history. However, there are critical exceptions where a skilled defense attorney can introduce evidence that is essential to ensuring a fair trial. These exceptions include:

• Explaining the Source of the Victim’s Injuries – If forensic evidence suggests physical trauma, prior sexual activity may be relevant in determining the actual cause of the injuries. This is particularly crucial when alternative explanations exist for medical findings that the prosecution seeks to attribute to the alleged offense. See Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1994).
• Establishing Prior Sexual Knowledge – In cases involving minors or claims of sexual inexperience, proving prior exposure to sexual activity can be a key factor in challenging the credibility of the allegations. If a complainant claims ignorance of sexual matters, yet evidence suggests otherwise, the defense may have grounds to question the reliability of their testimony. See Dixon v. State, 605 So. 2d 960 (Fla. 2d DCA 1992).
• Demonstrating a Motive to Fabricate Allegations – False accusations can arise from personal disputes, custody battles, revenge, financial incentives, or other external pressures. If an accuser has a history or motive to fabricate claims, prior sexual conduct evidence may be critical to the defense. See Lewis v. State, 591 So. 2d 922 (Fla. 1991).
• Revealing a Pattern of False Allegations – When an accuser has previously made similar false allegations, such a pattern can be instrumental in undermining their credibility. Courts have recognized that a history of fabricating sexual assault claims is relevant in assessing the truthfulness of current allegations. See Carlyle v. State, 945 So. 2d 540 (Fla. 2d DCA 2006).

Judicial Review of Admissibility

Before any such evidence can be presented to a jury, the court must first conduct an in camera review—a private judicial proceeding—where the judge determines its relevance and admissibility. This safeguard ensures that only evidence meeting the legal standards of relevance and necessity is introduced at trial.

A strategic and well-prepared defense can leverage these exceptions to uphold the defendant’s constitutional right to a fair trial while ensuring that all pertinent facts are considered in court.

Why You Need an Experienced Tampa Sex Crimes Attorney

Defending against sex crime allegations in Florida requires an attorney with deep legal knowledge, extensive courtroom experience, and a strategic approach to complex evidentiary issues. Florida’s Rape Shield Law, for example, restricts certain types of evidence from being introduced in court, making it critical to have a lawyer who understands the nuances of these laws and knows how to challenge or utilize exceptions effectively.

Before you hire a sex offense attorney, read Rocky’s Book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available for purchase on Amazon or for free download on our site.

Attorney Rocky Brancato has over 25 years of experience defending sex crime cases, making him one of Tampa Bay’s most seasoned criminal defense attorneys in this field. Before founding The Brancato Law Firm, P.A., he served as the second-in-command of the Hillsborough County Public Defender’s Office—the largest criminal defense firm in Tampa Bay. During his tenure, he was part of an elite sex crimes unit dedicated exclusively to handling cases involving sex crimes, child abuse, and homicide. This specialized experience gives him a unique advantage in developing defense strategies tailored to the complexities of sex crime cases. Put Rocky in your corner and let him put these strategies to work for you!

At The Brancato Law Firm, P.A., Rocky Brancato provides aggressive and strategic defense for individuals accused of sex crimes in Tampa, Hillsborough County, and the surrounding areas. He understands the devastating impact these allegations can have on a person’s life, reputation, and future, and he works tirelessly to ensure that every client receives a fair and vigorous defense.

Contact a Tampa Criminal Defense Attorney Today

If you or a loved one is facing sex crime allegations in Florida, securing experienced legal representation is crucial. Attorney Rocky Brancato’s extensive background in sex crime defense, combined with his leadership in one of the state’s largest criminal defense firms, makes him uniquely qualified to handle even the most challenging cases.

The Brancato Law Firm, P.A. is committed to protecting your rights and ensuring that you receive a strong, well-prepared defense. Contact us today to schedule a confidential consultation and discuss your legal options.

For a consultation, contact The Brancato Law Firm, P.A. today at 813-727-7159, or visit our website at www.brancatolawfirm.com to learn more about how we can assist with your defense.