When Are a Victim's Statements of Fear of the Defendant Admissible ?
In State v. Bradford, 658 So. 2d 572, 574-75 (Fla. 5th DCA 1995), the Fifth District held that the victim's statements of fear of the defendant may become admissible to "rebut the defendant's theory that the victim willingly let him inside her car and that is how his fingerprint got in her car." Id. at 575.
The court added, however, that "if the defendant does not put forth the theory that the victim willingly let him in her car, then her state of mind would not be at issue." Id.