Atkins v. State

Kenneth Atkins appeals his conviction for sexual battery and claims that the court erred in admitting a taped telephone conversation between the victim and her Mend, as admission of the conversation violated the wiretap statute, sections 934.03-934.09, Florida Statutes. Because the conversation was not taped for the purpose of obtaining evidence of a criminal act, it was improperly admitted. We reverse.

Atkins was charged with sexual battery by multiple perpetrators. The incident occurred at a party where A.S., the victim, was present. Her Mend, Jamie Doctor, was also present and introduced…