A night of drinking and dancing in North Miami Beach ended with a 911 call late Sunday, after a woman told police she walked into her living room and saw her husband sexually assaulting a friend who had fallen asleep on the couch. The alleged attack happened around 11:30 p.m. in an apartment in the 13700 block of Northeast 20th Lane.
Police report
According to a North Miami Beach Police Department report, the visiting woman, who had been in town from overseas for a little more than a week, fell asleep on the living-room couch while staying with the couple. The wife told officers she stepped outside for a cigarette, and when she came back inside she saw her husband on top of her friend. She said she immediately yelled, pulled him away, and called police, according to Local 10.
Officers arrested 53-year-old Juan Jose Hernandez on a sexual battery charge. Hernandez told investigators that he denied engaging in sexual intercourse and claimed the visitor had removed her pajama pants while dancing and pressed against him, the report states. Jail records listed his bond as "to be set" pending an afternoon court appearance, according to Local 10.
Legal implications
Under Florida law, sexual battery is outlined in Chapter 794, and state statute defines a person as "physically helpless" if they are unconscious, asleep, or otherwise unable to communicate unwillingness. Prosecutors can use those conditions to argue that consent was not possible. The statute and its definitions appear in the Florida Statutes, which set penalties that vary depending on aggravating factors. Cases that involve a victim who is asleep or otherwise physically helpless can carry significantly higher penalties than a basic second-degree felony charge.
What comes next
The case is expected to move through Miami-Dade's court system, where decisions on bond, custody status, and future court dates will be made. Members of the public can follow Hernandez's custody status through the Miami-Dade Corrections site, and case information through the county's online court records portal.
