Blunt v. State

BERANEK, Judge.

Defendant appeals his conviction and sentence for attempted sexual battery. We affirm. Defendant asserts the court erred in denying admission into evidence of testimony regarding the victim’s past sexual conduct. We conclude that the testimony was properly excluded under the rationale of Hodges v. State, 386 So.2d 888 (Fla. 1st DCA 1980), wherein the court stated in relevant part:

[T]he evidence must be of such a nature as to give rise to a reasonable assumption that because the victim engaged in a certain disclosed pattern of conduct or behavior, the victim probably consented…