Man arrested for alleged sexual battery at fraternity house
Staff report
Updated on October 16 with bail information.
GAINESVILLE, Fla. – Matthew Ian Hernandez, 18, was arrested this morning and charged with sexual battery on a helpless victim after allegedly having unwanted intercourse with an 18-year-old woman at a fraternity house party.
A University of Florida Police Department officer responded to the UF Health Shands emergency room last night, where the victim reported that Hernandez had sexually battered her in a bathroom during a house party at the Theta Chi Fraternity.
The victim said Hernandez gave her several alcoholic beverages, and she became “extremely intoxicated”; she said that at some point, she and Hernandez began arguing, and she went upstairs. She said Hernandez started repeatedly texting her, asking her where she was; she eventually told him, and he went to her location.
The victim said the details of the incident were not clear because she was intoxicated, but she said she remembered lying on the floor of a bathroom while Hernandez sexually battered her, and she remembered Hernandez having his hand on the back of her neck at one point.
She said he became increasingly aggressive, and at one point she saw blood on the floor and realized it was hers. She said she never gave consent to have intercourse and was too intoxicated to be able to give consent.
Post Miranda, Hernandez reportedly said he and the victim attended the house party together and were being “touchy” with each other. He said they both consumed several alcoholic beverages, and he said he gave the victim two drinks at the party. He said that he and the victim went upstairs to check on the victim’s friends, the victim said she needed to go to the bathroom, and he followed her into the bathroom to make sure she was okay.
Hernandez reportedly said “things escalated a bit” in the bathroom and admitted having intercourse with the victim. When asked whether the victim had been willing to have intercourse, he reportedly said, “Honestly, I don’t remember. I just know that she ended up below me and it happened.” He reportedly was unable to answer how the victim ended up on the floor; he said she thought she just sat down, but he was unsure.
Hernandez said that at some point, the victim asked him to stop, and he did; he said it was possible that he had put his hand on her neck during the incident.
Hernandez said people started knocking on the bathroom door, and he was “just trying to make sure that before we walked out that at least she was somewhat composed.” The officer asked Hernandez if he did not want anyone to see the victim crying, and he reportedly replied, “yeah.” Hernandez reportedly said he noticed that the victim was bleeding but didn’t know where the blood was coming from. He said he did not believe he had taken advantage of the victim, but “I don’t know now because I don’t remember all of it.”
The officer wrote that the investigation showed the victim was “unable to provide consent and was physically helpless at the time of this incident.”
Hernandez’s address is listed as Pembroke Pines; he has no local criminal history. He is being held without bail pending a hearing on a motion by the State Attorney’s Office to hold him without bail until trial.
After a hearing on the motion for pre-trial detention, Judge James Colaw denied the motion and set bail at $50,000; Hernandez posted bail and has been released.
Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.
This cannot possibly be true.
There are multiple rules and laws against 18 year olds drinking alcohol in UF fraternity houses.
okay so clearly you’ve never been to a frat house thanks for letting us know
gov ron d santis will confirm nobody ever gets assaulted in florida unless the assailant is an immigrant .
I hope everyone understands sarcasm. Although not appropriate, its sarcasm
So first things first.
They were both questioned and interviewed by sober law enforcement officers, after the incident, but still hungover,,, After consuming large amounts of alcohol. (And, AC has certainly edited original law enforcement reports to include, just the juicy parts)
I’m not taking sides, I’m just saying, this “picture” isn not looking good for either of them,,,,
“and certainly not for Him”.
Secondly,
Other folks at the party were obviously concerned, and knocking on the door for her aid, his responses during his interrogation, (frustrated and hungover) didn’t not bode well for him. According to the article.
So, again, not taking sides,,,
I’m just an observer.
And finally,
The law enforcement officers working this case, have their hands full, and my hat is off to them. Because sorting out something like this, has got to be extremely difficult IMO, given the facts in the article.
College age adults, a Frat House setting, and ALOT of alcohol. ALOT of it, by the above excerpt.
My hope is that the truth “reveals” itself.
That’s my hope…..😔
If there is no affirmative consent, then its nonconsensual. The laws are not what they used to be. Being drunk is not a crime. The crime is no consent, by both their testimony. And his behavior preceeding—-angry, texting, asking where she is, entering the bathroom. Harassing in other words.
He has no memory of any affirmative consent. Only her crying and needing to compose herself.
The law is not as a vague as you suggest.
But being drunk is also not an excuse for your actions or criminal intent? Good choices versus bad choices. After all he joined a fraternity in which through the years had always managed to have scandalous incidents. Maybe instead of drunk frat parties it would be better to get a college degree after all Mom and Dad are paying for it.
When are people going to learn, never talk to the police without a lawyer.
Local police are not an issue if you are not a criminal. Now the weaponized federal government is another story.
I’m guessing the victim’s father wouldn’t be very forgiving.
Not the best way to make your name known on campus.
Hopefully the real judicial system will have their say before the Student Committee does.
He deserves much more than just a suspension.
Unfortunately she was not prepared to perform the Lorena Bobbitt vs John Bobbitt procedure. His memory would be fairly “clear cut” in that case.
Nothing good comes out of theta chi… those dudes are nothing but problems. UF should kick the chapter off of campus.
It was a UCF student visiting the tailgate for the game. Not a UF student or fraternity member.
Bars and frat houses are NOT the top of the list for finding a future husband.
He says, she says. He will walk
By his own comments he knew she was drunk and doesn’t remember her consenting and doesn’t know if she did.
That alone is enough to convict him. There is no defense here.
Strange that no “reporter” would attach their name to this article while including such a level of detail. You should have thought of the victim and how having that level of detail out there would affect her.
It’s absolutely disgusting behavior on the part of the writer and organization.
You better call Saul .
That boy ( not man ) the mugshot doesn’t look very “put together” in fact he looks a mess. a real man wouldn’t do that. This isn’t “he said she said” this is he said they said, if people were concerned enough to try and open a bathroom door at a frat party then that says something.
I hope that the fraternity house also faces the music. I dont understand how many decades have to go by and nothing is ever done. This is not the first or the last unless something is done. I pray for the parents, the families and the victims of all this.
I don’t know much about all of this, but why aren’t these fraternity houses or the university ever held criminally or civilly liable For providing an environment, knowing that this goes on.