Staff report

GAINESVILLE, Fla. – Jose Luis Rosario, 40, was arrested yesterday and charged with a New Year’s Day sexual battery.

The victim reportedly said she had attended a New Year’s Eve party at Rosario’s apartment and had slept on his couch; she said she had known Rosario for about nine months through his girlfriend. She said she woke up at about 6 a.m. when Rosario pulled her underwear to the side and raped her; she said she felt “limp” during the incident. She said when he was done, he rolled off her and pretended to fall asleep; she collected her belongings and left.

When the victim left the apartment, she immediately sent a text to a friend and described the incident, and she showed the text messages to a Gainesville Police Department officer. She went back to her residence and showered and then went to UF Health Shands to complete a sexual battery kit.

On July 9, the results from the sexual battery kit came back from FDLE, and FDLE requested buccal swabs from Rosario to compare to the results.

On August 2, the victim went to GPD headquarters to conduct a controlled call to Rosario’s girlfriend, and both Rosario and his girlfriend reportedly spoke on the call, with a GPD officer listening. During the call, Rosario reportedly said he believed the victim’s story, but he could not remember the incident; he said if she believed it happened, it must have happened. Rosario reportedly expressed remorse and apologized to the victim multiple times.

Rosario was arrested the same day, and post Miranda, he reportedly declined to answer any questions and did not consent to providing a buccal swab. The officer reportedly allowed Rosario to call someone he referred to as his girlfriend, and the officer noted that the phone number he called was the same one the victim called for the controlled call.

Rosario has multiple traffic-related convictions, including unlawful racing in 2006, reckless driving in 2018, reckless driving with alcohol in 2019, and two convictions for driving without a valid license. Judge Tatum Davis ordered him held without bail.

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.