Summary: DNA Evidence and Statute of Limitations in Florida Sex Crime Cases
Florida allows prosecution of certain sex crimes beyond the normal statute of limitations if the suspect is identified through DNA collected during the original investigation. The DNA must be preserved in a testable condition and available to the defense for review. If these legal requirements are not met, the statute of limitations applies. A motion to dismiss may be appropriate.
DNA Evidence in Cold Case Sex Crime Charges
DNA has become central to the prosecution of older sex crime allegations. Prosecutors often revisit unsolved cases once a DNA match is made. Florida law, however, places strict limits on how and when that DNA can be used to override the statute of limitations.
Under Florida Statute § 775.15(13), charges for first- or second-degree felony sexual battery may be filed at any time if the state meets three requirements. First, the identity of the accused must be established solely through DNA evidence. Second, the DNA must have been collected as part of the original investigation. Third, the sample must have been preserved in a condition that permits testing by the defense. Failure to meet any of these conditions may render the prosecution time-barred.
Legal Requirements for Using DNA in Extended Prosecutions
Not all DNA evidence qualifies under the statute. The sample must originate from the original case file and must be documented as properly collected and stored. Courts will look closely at whether the DNA was preserved without contamination or degradation. Most importantly, the defense must have access to the sample for independent testing. If this is not possible, the court may find the exception inapplicable.
Florida Case Law: Bowers v. State
In Bowers v. State, the appellate court reversed a conviction for sexual battery. The decision turned on the state’s failure to prove that a sufficient portion of the DNA evidence remained available for defense analysis. The court held that the prosecution must establish compliance with all statutory requirements before relying on the DNA exception to pursue charges after the statute of limitations has expired. This ruling reinforces the principle that due process protections apply even in forensic-based prosecutions.
Procedural Remedies for the Defense
A defense team can challenge the use of DNA evidence when the statutory conditions are not met. Florida Rule of Criminal Procedure 3.190(c)(4) allows defendants to seek dismissal when the state lacks a sufficient legal basis to proceed. In these cases, defense counsel should review the full history of the DNA sample’s collection, storage, and accessibility. If the prosecution cannot prove continuous chain of custody or provide a testable sample, the statute of limitations may be enforced, and the case dismissed.
Strategic Implications in Practice
The presence of a DNA match does not eliminate procedural safeguards. Prosecution of old allegations must still comply with evidence rules and filing deadlines. The role of defense counsel is to evaluate whether these standards have been met and, when appropriate, file a motion to dismiss.
This type of defense is particularly relevant in cold cases where the alleged crime occurred many years ago and the evidence handling may not meet current legal standards. Dismissal on procedural grounds can occur before trial, sparing the accused the burden of a full prosecution when the state’s case is legally insufficient.
Frequently Asked Questions
Can Florida prosecute a sex crime from 20 or 30 years ago based on DNA? Yes, if the DNA was collected during the original investigation, preserved, and available for defense testing.
What if the DNA evidence was reprocessed or the original sample no longer exists? If the defense cannot access the original material for testing, the prosecution may not qualify for the statutory exception, and the case could be dismissed.
Does this apply only to crimes against minors?
The DNA exception applies regardless of the victim’s age, but separate laws eliminate the statute of limitations for certain offenses involving minors.
Can charges be brought based solely on DNA evidence?
Yes, if the state complies with all evidence preservation and procedural requirements under Florida law.
Attorney Insight and Representation
Attorney Derrick George has over 15 years of experience representing individuals facing complex and high-stakes criminal charges. His practice includes cases involving forensic evidence, statute of limitations defenses, and pretrial procedural litigation. The firm offers confidential consultations to evaluate the admissibility of DNA evidence and identify possible defenses.
Contact George Law for Legal Help
If you are facing a Florida sex crime charge based on DNA evidence, legal options may still exist—even if a match has been found. The prosecution must follow the law. Your defense team can challenge evidence that does not meet the statutory standard.
To discuss your case, Contact George Law for a confidential consultation.
