Criminal trials often turn on which evidence a jury is allowed to hear. One recurring question is whether a defendant may point to crimes committed by a different person to argue, in effect, “it was someone else, not me.”
Florida law has long recognized a version of this idea. But Florida’s evidence code contains several different provisions about “other crimes” evidence, and they do not all work the same way. Some open the door for both sides; at least one is written to help only the prosecution.
That distinction was at the center of an appeal decided by Florida’s First District Court of Appeal in Torbit v. State. The court examined whether a defendant charged with a sexual offense could use a specific statute to introduce evidence that another witness had committed a separate sexual offense.
Key Takeaway
The court held that section 90.404(2)(c), Florida Statutes, is written to allow evidence of the defendant’s own collateral sexual offenses — not offenses committed by someone else — so a defendant cannot use that particular statute to shift blame to a third party.
The question is more specific:
- Does the “collateral sexual offense” statute create a “reverse” version for the defense?
- What must a defendant actually do at trial to preserve this kind of evidence claim?
What happened in this case?
The defendant was tried and convicted of sexual battery on a victim who was physically helpless to resist. The events involved a night of sexual activity among several people, and another participant testified for the prosecution.
Part of the defense theory was that the testifying witness — not the defendant — was the one who committed the sexual battery. To support that theory, the defense wanted to introduce evidence that the same witness had committed a separate sexual offense against a different person many months later.
The trial court excluded that evidence. The jury found the defendant guilty, and the trial court later imposed a sentence below the lowest permissible guideline range, which the State did not appeal.
What is the “reverse Williams rule”?
Under Florida law, evidence of other crimes or acts can sometimes be admitted when it is relevant to a real issue in the case, such as identity, plan, or knowledge — a rule that traces back to a decision called Williams and is now written into the evidence code.
The “reverse Williams rule” is the flip side used by the defense: evidence of a crime committed by another person, offered to show the defendant’s innocence. Courts have said this defense evidence must meet the same standard that would apply if that other person were on trial for the charged offense, generally requiring a close, “fingerprint”-type similarity.
Two different statutes, two different rules
The general “other crimes” provision does not limit whose acts can be shown, which is why courts allowed a defense “reverse” version. The newer sexual-offense provision is written differently — it speaks only about the defendant’s own acts.
Why did the statute not help the defense here?
The defendant argued that a separate statute for sexual-offense cases, section 90.404(2)(c), Florida Statutes, offers a more relaxed standard for admitting evidence of collateral sexual offenses. The court explained that this provision, by its own words, applies only to evidence of the defendant’s commission of other sexual offenses.
Because the statute is limited to the defendant’s own acts, the court concluded it does not reach a collateral sexual offense committed by someone else. In short, there is no “reverse” version built into that particular provision, so it could not be used to introduce the other witness’s alleged offense.
Why did the proffer problem also matter?
The court added that, even if the statute could apply, it would still affirm because the defense did not present a proper “proffer” — a formal showing of what the excluded witness would have said. Florida courts require this so that an appellate court is not left to guess about whether the evidence should have come in.
Without that showing, the court said it could not evaluate whether the trial court misapplied the multi-factor test Florida uses for this kind of evidence, which weighs similarity, closeness in time, frequency, and intervening circumstances. The defendant had also expressly declined to rely on the general “other crimes” provision, further narrowing what the court could consider.
Why does this decision matter?
For people trying to understand how criminal trials work, the case shows that not every “other crimes” statute cuts both ways. The wording of each provision controls, and a rule that helps the prosecution introduce certain evidence does not automatically give the defense a mirror-image right under the same statute.
A concurring judge went further, explaining that the sexual-offense provision creates an opportunity only for the prosecution and does not contain a “reverse” rule. The concurrence also noted that constitutional arguments about a defendant’s right to present a complete defense must be raised and ruled on in the trial court to be considered on appeal, and that a court generally cannot rewrite a statute the Legislature wrote a certain way.
The practical lesson is about precision: which statute is invoked, what the statute’s words actually cover, and whether the record was properly developed can all shape whether evidence is admitted and whether an issue can be reviewed on appeal.
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