Florida Sexual Violence Benchbook - Florida Council Against ...

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Florida’s Sexual Violence Benchbook was developed through grant 2009-EF-S6-0043 awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Florida Department of Children and Families.
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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
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i. Spousal Privilege of Marital Com
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There is no privilege under section
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may not be discussed with, any pers
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and moral consciousness that should
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other specialized knowledge will as
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Finally, any witness may have their
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ment, the time at which the stateme
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victim’s testimony in both famili
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DNA testing, like other types of sc
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ing, no evidence offered by the def
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. Other Defenses i. Alibi What is a
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The affirmative defense of duress i
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for attempt under rule 3.510(a) was
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D. Post Trial Issues 1. Post Trial
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“In reviewing the circuit court
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will appear in the court to which t
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At a sentencing hearing, “the cou
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) The defendant was an accomplice t
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statement under oath to the office
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The state has a compelling interest
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4. The Jessica Lunsford Act - Proba
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823.07, s. 847.0125, s. 847.0134, o
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pursuant to s. 943.0435, may not be
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IV. Sexual Violence Injunctions Sex
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4. Refrain from contacting the chil
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V. Matters Related to Sexual Assaul
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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 _____________
Page 174 and 175: police reports, or anything that mi
Page 176 and 177: The court hereby appoints the State
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