Sexual battery and assault cases are serious matters that should be investigated and prosecuted as such. That's why it's so important that both the applicable criminal laws and the evidentiary rules as to how they are enforced be followed strictly. In Browne v. State, Florida's Fourth District Court of Appeal explains one such rule - the general prohibition on hearsay evidence.
Dr. Browne, a physician, was charged with attempted sexual battery stemming from an incident in which he allegedly forced himself on a female college student. According to the Court, the victim had been shadowing Browne while studying to work in the field and the incident occurred in Browne's car one evening after the two went to dinner. The victim claimed that Browne pushed up against her and began kissing her, despite her protests, and later exposed his penis and ejaculated. Browne then allegedly let the victim leave in her car, but began following her and made two calls to her cell phone. The victim later said that she went to a friend's house immediately after the incident because she was shook up and nervous about being followed.
At trial, the prosecution introduced as evidence a recorded "controlled call" in which the victim confronted Browne about his behavior. After the victim made clear that she didn't want him to force himself on her, Browne apologized and said he would "make sure it doesn't happen again," according to the Court. He also said "I didn't listen to you, you know, and it all happened." Browne later claimed that the encounter was consensual.