Circumsatnces Surrounding the Earlier Unfulfilled Sexual Act Were Relevant to Establish Motive and to Rebut Alibi Testimony

In Alford v. State, 307 So. 2d 433, 436 (Fla. 1975), it was asserted that evidence concerning the defendant's attempt to engage in a homosexual act immediately prior to the commission of the offense charged was irrelevant and constituted an improper assault on the character of the defendant, prejudicing him in the minds of the jury. See: Alford, 307 So. 2d at 436-37. The State in Alford maintained that the testimony was relevant and admissible because it showed that sexual frustration resulting from the inability to complete a homosexual act at approximately 9:30 a.m. was the motive for a later sexual assault on the victim that occurred between 10 a.m. and 11 a.m. the same day. See: id. at 437. The Court in Alford held: Based on the foregoing, we hold that the circumstances surrounding the earlier unfulfilled sexual act were relevant to establish the state of mind of appellant and the motive for the assault on the victim occurring only a short time thereafter. Such evidence also was relevant to rebut alibi testimony. the trial court did not err in admitting such testimony. Id. at 438. In addition, in Toole v. State, 479 So. 2d 731 (Fla. 1985), it was asserted that the prejudicial impact of evidence of homosexuality substantially outweighed any probative value. See: id. at 732. In concluding there was no reversible error, the Court stated: The fact that appellant knew the victim and had argued with him was relevant to prove motive, irrespective of whether the argument was a "lovers' quarrel"; any potential prejudicial impact on the issue of premeditation did not materialize in light of the specific verdict of felony murder.Id.