Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may waive the right to do so. Some offenses can be prosecuted at any time, however, as explained in a recent Florida ruling issued in a sexual battery case. If you are charged with sexual battery or any other sex crime, it is important to understand your rights, and you should meet with a Tampa sex crime defense lawyer promptly.
History of the Case
It is reported that in January 2010, a 15-year-old girl reported to the police that a man with the same name as the defendant gave her alcohol and then raped her. She was transported to a medical facility where a vaginal swab was obtained using a sexual assault kit. Approximately three months later, Florida law enforcement determined that DNA obtained from the vaginal swab belonged to the appellant. He was arrested in March 2019 and charged with sexual battery. He was convicted, after which he moved to vacate his conviction on the grounds that the statute of limitations expired on the sexual battery offense. The court denied his motion, and he appealed.