Man Faces Aggravated Assault and Battery Charges After SAO8 Declines to Prosecute for Rape

A man who was arrested and charged for rape in Gainesville is not facing sexual battery charges. 

In February 2026, prosecutors with the Eighth Judicial Circuit State Attorney’s Office (SAO8) formally filed charges against Matthew Ian Hernandez, 20, for a felony count of aggravated assault with intent to commit a felony and a misdemeanor count of battery, declining to prosecute for sexual battery (rape).

The case has been open since Hernandez was arrested in October 2024. Prosecutors sat on the case without filing formal charges for well over a year before dropping the rape charge and filing for lesser charges. 

On October 5, 2024, while enrolled as a student at the University of Central Florida (UCF), Hernandez attended a Theta Chi Fraternity house party in Gainesville at the University of Florida (UF). 

The arrest report states Hernandez “sexually battered [the victim] in a bathroom during a house party at the Theta Chi Fraternity.” Hernandez reportedly “provided her with alcoholic beverages which ultimately led to her becoming extremely intoxicated.”

“The victim informed me she never consented to having sexual intercourse with Hernandez and said she was too intoxicated to be able to give consent in the first place,” reported UF Police Department Officer Devin Burgoyne. 

Hernandez consented to an interview with UF police where he “said throughout the night he and the victim were being ‘touchy’ with each other. Hernandez said they both consumed alcoholic beverages, and he admitted to providing the victim with two drinks while at the party. Hernandez said at some point during the party he and the victim went upstairs to check on [her] friends. Hernandez said he followed the victim upstairs, at which time [she] said she needed to go to the bathroom.” 

In his interview, Hernandez reportedly said he “followed the victim into the bathroom to make sure she was okay.” Hernandez claimed things “escalated” before describing himself having intercourse with the victim. 

Burgoyne asked Hernandez if he engaged in sexual activity with the victim “willingly” or if it was something he “told the victim he was going to do.” 

“Honestly, I don’t remember,” said Hernandez. “I just know that she ended up below me and it happened.” 

Burgoyne reported, “When I asked Hernandez how the victim ended up on the floor he struggled to answer. Hernandez said be thinks the victim just sat down but was unsure. Hernandez stated at one point the victim told him to stop, so he did. Hernandez said he thought she was ‘just pretty freaked out’ and later stated ‘I don't think she expected any of that to happen either.’ Hernandez said they were both drunk at the time of this incident. Hernandez said it was possible that he put his hand around the back of the victim's neck while they were having intercourse. Hernandez said people started knocking on the bathroom door to use the bathroom at which time Hernandez stated he was ‘just trying to make sure that before we walked out that at least she was somewhat composed.’ I asked Hernandez if he did not want anyone to see the victim crying when she came out and he replied ‘yeah.’ Hernandez said he remembered noticing that the victim was bleeding but did not know where the blood was coming from. Hernandez said the victim has never bled like that after intercourse in the past. I asked Hernandez if he might have taken advantage of the victim, and he replied that in the moment he thought they were both just drunk and fooling around. He said he did not think it was any different than any other time they had been at parties and fooling around. Hernandez then stated, ‘I don't know now because I don't remember all of it.’ Based on the statements made by the victim and Hernandez, I believe the victim was unable to provide consent and was physically helpless at the time of this incident. Hernandez committed the offense of sexual battery upon the victim…”

Prosecutors filed a pretrial detention motion after Hernandez was arrested but Judge James Colaw denied it without a hearing. Hernandez later posted a $50,000 bond.

As of today, the case still hasn’t had a single hearing aside first appearance.

Hernandez is set to have a case management hearing on Wednesday, May 20.

Court records indicate Hernandez intends to plead guilty or no contest as part of a negotiated agreement between his defense attorney and SAO8.