Aboagye v. State
The First DCA affirmed convictions for sexual battery and lewd molestation of a child, holding that hearsay statements of a different child victim (introduced as Williams-rule/similar-fact evidence under § 90.404(2)(b)) were admissible under the child-hearsay exception in § 90.803(23) even though that child was not the victim named in the charging document. The court distinguished the Florida Supreme Court's Dupree II decision, which barred admission of hearsay from a non-victim child witness, holding Dupree II does not extend to hearsay from another actual child victim used as similar-fact evidence.
Key facts
- Defendant was charged with sexual battery and lewd molestation of a child victim; at trial, the state introduced hearsay statements from a different child who was also sexually abused by the defendant as similar-fact evidence under the Williams rule.
- The trial court admitted the hearsay statements from the non-named child victim under Florida's child-hearsay exception (§ 90.803(23)), and the defendant was convicted of the charged offenses.
- +2 more key facts with a free trial
Why it matters
This decision resolves a previously unaddressed question about the interplay between Florida's child-hearsay exception and Williams-rule similar-fact evidence in child sex-abuse prosecutions: hearsay from an uncharged… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.