Monarca v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that in order to prove a sexual battery under section 794.011(3), the State must prove, among other things, that the victim did not consent
• such statements are admissible to rebut the inference of consent which might be drawn from prolonged silence of the victim
• general philosophies of the res gestae exception to hearsay rule carried over into present evidence code, section 90.803, Florida Statutes (1979)
• while time is an important factor, spontaneity of utterance probably most controlling
• victim's statement to nurse at hospital admissible under first complaint theory

Source: CourtListener parenthetical corpus (CC0).