Florida Sexual Violence Benchbook - Florida Council Against ...

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V. Matters Related to Sexual Assault A. Victim Services and Compensation There are a variety of public and private services available to victims of sexual violence, and these services vary from county to county. The “Sexual Battery Victims’ Access to Services Act” 539 creates a statewide nonprofit entity to provide a host of services to victims including: a. A telephone hotline that is operated 24 hours a day and answered by a sexual battery counselor or trained volunteer, b. Information and referral services, c. Crisis-intervention services, d. Advocacy and support services, e. Therapy services, f. Service coordination, g. Programs to promote community awareness of available services, and h. Medical intervention. Law enforcement officers who investigate an alleged sexual battery must provide victims with information on their rights and the services that are available locally. 540 This information is statutorily required to be developed and distributed by the Florida Council Against Sexual Violence in conjunction with the Department of Law Enforcement. 541 The information on local and statewide providers of victim services can be found on the Council’s website 539 Section 794.055, Florida Statutes (2010). 540 Section 794.052, Florida Statutes (2010). 541 Section 794.052(2), Florida Statutes (2010). Matters Related to Sexual Assault 115
at www .fcasv .org/information/find-your-local-center or at the Attorney General’s website at myfloridalegal .com/directory. Additionally, victims may call the Rape Crisis Hotline at 1-888-956-7273 to be referred to local victim services. In addition to restitution, victims may also qualify for financial assistance under Florida’s Crime Victim Compensation Program. Victims or designated relatives of victims may apply for assistance under the program to cover expenses directly related to the crime, such as: medical treatments, psychological counseling, lost wages, loss of support, costs of disability that resulted from the crime, relocation assistance for victims of domestic violence, and funeral expenses. Compensation under the program is initiated by application, not court order. Judges, attorneys, or certain court staff, however, may advise victims of the program’s existence and their potential rights under the program. Victims wishing to apply for assistance or get more information on the program can contact the Division of Victim Services within the Office of the Attorney General toll free at 1-800-226-6667. The application is available online at myfloridalegal .com/Compapp .pdf. B. Employment Issues Sexual assault can take place anywhere including a place of employment. In addition to standard criminal investigations, when someone is sexually assaulted by a supervisor, a coworker, or while working, the Florida Commission on Human Relations (FCHR) and the Equal Employment Opportunity Commission (EEOC) may investigate these complaints and enforce anti-discrimination and harassment laws. Victims of sexual and/or domestic violence may receive up to three days off work in any 12 month period to: seek an injunction for protection, obtain medical care and/or mental health counseling, obtain victim services, find a safe place to live or add security to their current home, seek legal assistance, or prepare and attend court proceedings. 542 This leave may be paid or unpaid at the discretion of the employer. 543 This law only applies to employers within the state who have 50 or more employees, and to employees who have been with the employer for 3 or more months. 544 Additionally, some localities may have ordinances offering additional rights. Miami-Dade County’s ordinance provides for up to 30 days of unpaid leave to receive medical or dental care, legal assistance, counseling and to appear in courts. 545 If a victim suffers a serious health condition as a result of the crime, then the Family Medical Leave Act (FMLA) may also apply. The FMLA provides for up to 12 weeks of unpaid leave if employees have been employed for at least one year and the employer has 50 or more employees. 542 Section 741.313(2), Florida Statutes (2010). 543 Id. 544 Section 741.313(3), Florida Statutes (2010). 545 Section 11A-61, Miami-Dade County Code of Ordinances (2010). 116 Florida Sexual Violence Benchbook
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2 0 1 1 Florida Sexual Violence Ben
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Table of Contents Page Introduction
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iii. Certain Privileges Abrogated i
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Introduction Florida’s Sexual Vio
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I. Introduction to Sexual Violence
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that there were 248,280 rapes/sexua
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• Kidnapping, False Imprisonment,
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Penetration - means some entry into
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cases where the victim did not know
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• Actual psychogenic amnesia whic
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II. Sexual Violence Statutes A. Sex
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Section 794 .011 (3), Florida Statu
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victim to offer physical resistance
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that leads to a charge under this s
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the facts of this case, the defenda
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as it is in sexual battery cases. A
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attery and commission of a lewd act
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or within 4 years after the injured
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estiality, masturbation, or sadomas
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substantial emotional distress in s
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physical intimidation on their vict
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A. Pretrial 1. Bond III. Procedures
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19. Home invasion robbery; 20. Act
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serious criminal offenses, posing a
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3.133 and the person has been relea
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sexual battery that would be a firs
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the charged offense(s), charging mu
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lenity as set forth in subsection (
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If the court orders the deposition
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which reveals that minor’s identi
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to such an examination.” 251 “I
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1) Closure is necessary to prevent
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To determine voluntariness the judg
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must inquire whether counsel for th
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C. Trial 1. Jury Selection Since se
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naire is used, it will be helpful t
Page 74 and 75: i. Spousal Privilege of Marital Com
Page 76 and 77: There is no privilege under section
Page 78 and 79: may not be discussed with, any pers
Page 80 and 81: and moral consciousness that should
Page 82 and 83: other specialized knowledge will as
Page 84 and 85: Finally, any witness may have their
Page 86 and 87: ment, the time at which the stateme
Page 88 and 89: victim’s testimony in both famili
Page 90 and 91: DNA testing, like other types of sc
Page 92 and 93: ing, no evidence offered by the def
Page 94 and 95: . Other Defenses i. Alibi What is a
Page 96 and 97: The affirmative defense of duress i
Page 98 and 99: for attempt under rule 3.510(a) was
Page 100 and 101: D. Post Trial Issues 1. Post Trial
Page 102 and 103: “In reviewing the circuit court
Page 104 and 105: will appear in the court to which t
Page 106 and 107: At a sentencing hearing, “the cou
Page 108 and 109: ) The defendant was an accomplice t
Page 110 and 111: statement under oath to the office
Page 112 and 113: The state has a compelling interest
Page 114 and 115: 4. The Jessica Lunsford Act - Proba
Page 116 and 117: 823.07, s. 847.0125, s. 847.0134, o
Page 118 and 119: pursuant to s. 943.0435, may not be
Page 120 and 121: IV. Sexual Violence Injunctions Sex
Page 122 and 123: 4. Refrain from contacting the chil
Page 126 and 127: C. Violence Against Women Act The V
Page 128 and 129: VI. Appendix Standard Jury Instruct
Page 130 and 131: for Injunction for Protection Again
Page 132 and 133: IN THE CIRCUIT COURT OF THE JUDICIA
Page 136 and 137: What should I do next? After you co
Page 138 and 139: 9 Check here if you are attaching a
Page 140 and 141: IN THE CIRCUIT COURT OF THE _______
Page 142 and 143: Where can I look for more informati
Page 144 and 145: SECTION III. CASE HISTORY AND REASO
Page 146 and 147: INSTRUCTIONS FOR FLORIDA SUPREME CO
Page 150 and 151: I certify that a copy of this docum
Page 152 and 153: TRANSCRIPT PREPARED BY A COURT REPO
Page 154 and 155: INSTRUCTIONS FOR FLORIDA SUPREME CO
Page 156 and 157: Special Notes . . . If you fear tha
Page 158 and 159: 2. Respondent's last known place of
Page 160 and 161: ___________________________________
Page 162 and 163: YOU ARE ADVISED THAT IN THIS COURT:
Page 164 and 165: ____ a. Respondent shall not use or
Page 168 and 169: employment {list address of current
Page 170 and 171: COPIES TO: Sheriff of _____________
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police reports, or anything that mi
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The court hereby appoints the State
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Florida’s Sexual Violence Benchbo
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