After Acquittal of Sexual Contact Crime, Court Cannot Require Sex Offender Therapy

A defendant acquitted of a sexual contact crime and convicted of a lesser battery charge cannot be required to participate in Sex Offender Therapy

Villanueva v. State, 2016 BL 217937, Fla., No. SC13-1828, 7/7/16.

   After having a sexual charge acquitted during trial, a defendant convicted on a lesser battery charge cannot be required to participate in sex offender therapy, says the Florida Supreme Court. Under Florida statute, therapy is allowed as a condition of probation only under a specific list of crimes. This list, however, did not include battery, which the court ruled prevented the trial court from imposing this condition during the defendant’s supervised release.

   The Florida Supreme Court did note that there is an exception that gives trial courts the discretion to impose sex offender therapy, even when there was no sexual crime, but only to prevent future criminal acts, which the court did not foresee as a possibility in this case. In justifying this decision, the court stated, “There is no record evidence that [the defendant] had any prior convictions. Thus, there is no indication that he has a propensity to commit any particular crime, including child molestation or sexual battery. As such, requiring [him] to attend [therapy] cannot reasonably be considered a major deterrent to any future criminality.”

http://www.bloomberglaw.com/public/document/Villanueva_v_State_No_SC131828_2016_BL_217937_Fla_July_07_2016_Co.