Can a Jury Reach an “Inconsistent” Verdict in a Florida Sex Crimes Case?

The right to trial by jury is the cornerstone of Florida’s criminal justice system. Of course, juries are not perfect. There are many cases where a jury reaches a verdict that might seem inconsistent or illogical to the outside observer. But are such inconsistent verdicts actually legal?

In most cases, they are. The Florida Supreme Court has said, “As a general rule, inconsistent jury verdicts are permitted in Florida.” The Supreme Court made that statement in a 1996 case, State v. Powell, where a jury found one person guilty of conspiracy to commit murder but found the only other charged co-conspirator not guilty. The Supreme Court held the guilty verdict could stand.

Florida Appeals Court Reverses Rape Conviction Due to Jury’s Conflicting Verdicts

At the same time, the Supreme Court has also said that “truly inconsistent” verdicts cannot stand. This refers to a situation where an acquittal on one charge negates a “necessary element” for conviction on a second charge. For example, say a person is charged with felony murder. This requires proof of an underlying felony, such as armed robbery. A jury cannot acquit the defendant of the robbery but still convict them of the felony murder. That would be a truly inconsistent verdict under Florida law.

To give a recent, real-world example, the Florida Sixth District Court of Appeal recently reversed a sexual battery (rape) conviction based on the “truly inconsistent” exception to the inconsistent verdict rule. This case, Lai v. State, involved a defendant charged with raping a female victim. The jury found the defendant guilty of sexual battery but also returned a special verdict finding the defendant did not “penetrate the victim’s vagina with his penis during the course of committing the offense.”

The Sixth District said this was a truly inconsistent verdict. Penetration is a necessary element of sexual battery under Florida law. By finding the defendant did not commit penetration, the jury “negated an essential element” of the crime of sexual battery, where the jury found the defendant guilty. There was simply no way to legally reconcile these two findings.

Indeed, the Sixth District noted in its opinion that every other Florida appellate court faced with a similar scenario had found there was a truly inconsistent verdict. Furthermore, even though the question of an inconsistent verdict was never raised during the defendant’s initial appeal–which would normally forfeit the right to bring it up later–the truly inconsistent verdict was a “fundamental error” that deprived the defendant of his right to a fair trial. As such, the Sixth District reversed the sexual battery conviction and instead entered a conviction for the lesser-included offense of battery.

Contact a Miami Sex Crimes Defense Attorney Today

If you are facing sexual battery or similar charges in Florida, you must be prepared to defend yourself in court. Our Miami sex crimes attorneys can help. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

6dca.flcourts.gov/content/download/2443598/opinion/Opinion_2023-2390.pdf