B.L. Thomas, C.J.
Appellant was convicted of sexual battery and lewd and lascivious molestation of a child. Before trial, Appellant provided a confession during an interview with a police investigator. At trial, the victim testified in detail about the molestation and forced sexual activity, which began when she was eight years old and continued until she was fifteen years old. Appellant now argues on appeal that the trial court erred in denying a motion to suppress his confession to law enforcement. In addition, he asserts that reversible error occurred when the trial court excluded evidence of the victims consensual sexual relationship with her boyfriend.
I. The Confession
A trial courts ruling on a motion to suppress comes to the appellate court clothed with a presumption of correctness and the [reviewing] court must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial courts ruling. Rodriguez v. State , 187 So.3d 841, 845 (Fla. 2015) (quoting Terry v. State , 668 So.2d 954, 958 (Fla. 1996) ). Where there is no dispute over the statements made, we must review de novo the trial courts conclusion that the officers statements did not render Appellants statements involuntary. Ramirez v. State , 15 So.3d 852, 855 (Fla. 1st DCA 2009) ; see also State v. Teamer , 151 So.3d 421, 425 (Fla. 2014) (holding that the trial courts application of law to the facts is reviewed de novo).
Appellant came to the police interview voluntarily, and his confession was taken in a non-custodial setting. Before the interview began, the investigator told Appellant that he was not under arrest, did not have to answer questions, could leave at any time, and could request an attorney at any time. Appellant was never threatened with harm, and the interview lasted less than thirty minutes. Although the investigator told Appellant that things would be easier for him if he told the truth, and the investigator would tell the prosecutor if Appellant was cooperative, these comments were neither improper nor coercive. See Caraballo v. State , 39 So.3d 1234, 1247 (Fla. 2010).
Although [i]t is well-settled that statements obtained through direct or implied promises are involuntary and, thus, inadmissible at trial, there must be a causal connection between the improper conduct and the statement. Ramirez , 15 So.3d at 855-56. Moreover, although some promises may require suppression, an interrogating officer may, without rendering a confession involuntary, promise to make a suspects cooperation known to the prosecutor or advise the suspect that it would be easier on him if he cooperated. Id. at 856 (quoting Blake v. State , 972 So.2d 839, 844 (Fla. 2007) ); see Caraballo , 39 So.3d at 1247. In Caraballo , the supreme court noted that the facts of Ramirez regarding the offers of help by law enforcement were much more excessive than the facts surrounding Caraballos confession and did not require reversal of the trial courts ruling admitting the statements. 39 So.3d at 1247. Here, the investigators offers to inform the prosecutor that Appellant cooperated were not excessive and not similar to the unique circumstances this court described in Ramirez . 15 So.3d at 857.
Appellant also argues that his confession was involuntary, because he had met the investigator years earlier, when Appellant was himself a victim of sexual abuse. Appellant asserts that the bond of trust established by that encounter lowered his resistance to threats, promises, and misrepresentations of law.
In Spano v. New York , 360 U.S. 315, 319, 79 S.Ct. 1202, 3 L.Ed.2d 1265 (1959), law enforcement officers ordered a defendants close childhood friend to use false pretenses to encourage the defendant to confess. The officers kept sending the friend in to play on [the defendant]s sympathies until the defendant finally confessed after eight straight hours of questioning. Id. The Supreme Court held that the use of the friend was a factor in determining that the confession was involuntary, observing that [t]here was a bond of friendship between them going back a decade into adolescence. It was with this material that the officers felt that they could overcome [the defendant]s will. Id. at 323, 79 S.Ct. 1202.
Here, the investigator, who was not Appellants close childhood friend, informed Appellant that the purpose of the interview was to investigate the alleged sexual offenses. It was Appellant, not the investigator, who first brought up the past encounter, stating that he regretted refusing the investigators offer of psychological counseling years ago. The investigator then essentially minimized that past encounter and returned to the instant allegations, telling Appellant, Well, were all indestructible when were young, and then we have to grow up, and we have to mature. So [the victim] is not telling lies; is she?
The investigator did not manipulate the encounter to exploit Appellant or diminish his ability to decline to answer questions. While later in the interview the investigator offered to help Appellant get counseling assistance, he did so only after Appellant confessed: When Appellant finished describing the incidents of molestation, the investigator said, All right. I want to get you that help, but I do have to arrest you. Okay? The investigator never suggested that this post-confession offer was contingent on getting anything in return from Appellant. Thus, the offer did not induce the confession.
Appellant also asserts that the investigators remarks regarding allegations that Appellants wife told the victim to lie to police improperly induced his confession. After describing the seriousness of the allegations against Appellants wife, the investigator told Appellant, Its very damaging that three people heard, two people heard and [the victim] confirms that [your wife] said to lie to the investigator. The investigator then told Appellant:
Thats what you and [your wife] are facing, because yall are not telling me the truth. Youre telling part of the truth, but youre not telling the whole truth. And I think you can tell me the truth to keep her out of trouble . Im not after her. I want to leave her out. The kids [have] got to have somebody....
So what Im throwing out to you and [your wife] is we can continue with this lie, but ... [i]f yall dont tell me the truth today I have no choice but to type my paperwork and file charges on both of yall.
(Emphasis added.) Shortly thereafter, Appellant stopped denying the allegations against him.
Although the State argues that these comments were merely asking for information that might exonerate Appellants wife, a plain reading of the transcript indicates an implied promise: Confess to the allegations and the charges against Appellants wife will go away and one parent will remain home. But the record does not support a conclusion that these statements rendered Appellants confession involuntary. Johnson v. State, 696 So.2d 326, 331 (Fla. 1997) (finding preponderance of evidence sufficient to demonstrate voluntariness of confession). Appellant never expressed any fear or concern about what would happen to his wife or children if he did not admit to the sexual acts with his stepdaughter.
At the end of the interview, when the investigator asked if any promises were made in exchange for the confession, Appellant made no mention of leniency for his wife. Appellant was given an opportunity to say that he confessed in hopes of protecting his wife, but instead, he only asked for counseling help. Accordingly, we reject Appellants arguments that his confession was involuntarily obtained.
II. The Excluded Evidence
Appellant argues that the trial court erred in granting the States motion in limine to exclude evidence of the victims sexual relationship with her boyfriend. A proffer of the evidence being excluded is necessary to preserve a claim of improperly excluded evidence because an appellate court will not otherwise speculate about the admissibility of such evidence. Lucas v. State , 568 So.2d 18, 22 (Fla. 1990) ; see also Goodwin v. State, 751 So.2d 537, 544 (Fla. 1999) (if it is alleged that evidence has been improperly excluded and the appellate record does not establish that a proffer has been made, the lack of an adequate record will be grounds to affirm.).
Floridas rape shield law bars the admission of evidence of consensual sexual activity between a victim and any person other than the accused, unless it is established in camera that the evidence is relevant to consent by a similar pattern of conduct, or that the accused is not the source of semen, pregnancy, injury, or disease. § 794.022, Fla. Stat.; Gomez v. State , 245 So.3d 950, 953 (Fla. 4th DCA 2018). The rape shield law does not exclude evidence that would otherwise be admissible under the Florida Evidence Code; instead, section 794.022 is a codification of Floridas relevance rules as applied to the sexual behavior of victims of sexual crimes. Carlyle v. State , 945 So.2d 540, 546 (Fla. 2d DCA 2006) ; Kaplan v. State , 451 So.2d 1386, 1387 (Fla. 4th DCA 1984) ; see also § 90.403, Fla. Stat.
A defendants right to full and fair cross-examination, guaranteed by the Sixth Amendment, may limit [ section 794.022 ]s application when evidence of the victims prior sexual conduct is relevant to show bias or motive to lie. Kaplan , 451 So.2d at 1387 ; see also Lewis v. State , 591 So.2d 922, 923 (Fla. 1991) (holding that the defendants right to a full and fair defense was infringed where the victims consensual sexual relationship with a third person was relevant). In Lewis , 591 So.2d at 923, the defense proffered evidence that the minor victim was concealing her consensual sexual activity from her mother, and that a scheduled medical examination would have revealed the concealment. The supreme court held that this proffered evidence was admissible as highly probative to the defense theory that the victim fabricated rape charges against the defendant in order to avoid being caught in a lie about having sex with her boyfriend. Id.
Here, there was no proffer of evidence at trial, so the question is whether there is an adequate record of the excluded evidence to put the trial court on notice of the potential error. See Goodwin , 751 So.2d at 544.
At the hearing on the States motion in limine, defense counsel mentioned that a family member believed the victim made the allegations up because [she] and her boyfriend got caught doing what they werent supposed to be doing and he might want to go into that at trial. Defense counsel generally agreed that the victims chastity should not be discussed, but asserted:
[A]t the same time we need to explore the motive of possibly of why - again, why [the victim] is making these allegations and it might have something to do with her boyfriend. So again, I havent deposed [the victim] yet, so Im going to address some of this in depositions and flesh it out.
But I think that - right, attacking her chastity, thats improper, but the nature of the relationship with her boyfriend, [Appellants] approval of it, I think that could explain as part of a possible motive for her making these accusations.
No mention was made of the victim hiding her sexual relationship or that an upcoming medical examination would uncover such; the excluded evidence was that Appellant caught the victim with her boyfriend in an inappropriate behavior. But without additional facts such as those in Lewis , where the sexual nature of the victims relationship with her boyfriend was critical to the theory of defense, here the probative value of the minor victims sexual activity is substantially outweighed by the risk of unfair prejudice and is precluded from admission under section 794.022, Florida Statutes. Therefore, the trial court did not abuse its discretion in excluding the evidence.
We note that our review is limited to the facts presented at the motion in limine hearing. Although defense counsel surmised at the hearing that upcoming depositions might produce additional relevant information, this does not constitute an adequate record sufficient to put the trial court on notice that the as-yet-unknown evidence would be admissible at trial. See Goodwin , 751 So.2d at 544 ; Lucas , 568 So.2d at 22.
AFFIRMED.
Kelsey, J., concurs; Winokur, J., concurs with opinion.
At the end of the interview, the investigator did ask Appellant if anything had been promised to make you tell these statements--- and Appellant replied No, sir.... Other than getting me help. The investigator then acknowledged Appellants assertion. Without context, this acknowledgement suggests that a quid pro quo promise was made. The transcript itself, however, refutes that interpretation, as the offer was made after Appellant confessed.