Portillo v. State

In a case of first impression, we are asked to decide whether Florida’s Rape Shield Law serves to shield the defendant from the victim’s testimony. Pedro Portillo appeals his conviction for attempted sexual battery. Portillo argues that the victim’s testimony violated section 794.022(2), Florida Statutes (2014), a subsection of Florida’s Rape Shield Law. He cites to the victim’s testimony in which she referenced her prior sexual experience to explain her perception of Portillo’s behavior. We affirm for three reasons. First, Portillo failed to preserve this argument for review. Second, a…