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EX-CON DENIES RAPE

A judge orders an HIV test for the man accused of raping and robbing a woman in her 70s.

Joseph Frye, accused of breaking into the home of a woman in her 70s and raping her last month, pleaded not guilty Tuesday at his arraignment.

Hillsborough Circuit Judge Wayne S. Timmerman ordered Frye tested for HIV, acting on a motion prosecutors said they filed on behalf of the victim.

Frye was arrested Sept. 3 after police launched a weeklong hunt for the man they say robbed and raped the woman in her Seminole Heights home. He was later found at the Mayflower Motel, not far from the scene.

Police say DNA evidence links Frye, 49, to the crime. He has been charged with three counts of armed sexual battery, robbery, burglary and battery of a person over 65.

Before the hearing, the 5-foot-7, 119-pound man sat slouched over in the front row, dwarfed by other inmates sitting around him.

Frye remained quiet while prosecutors told the judge he should be considered a habitual, violent, dangerous felony offender. His ankle chains clanked as deputies led him away.

Frye was convicted of rape in 1985 and was sentenced to 40 years in prison. Because of more lenient release rules back then, Frye only served about a third of his sentence.

When he was out on probation in 2002, he was accused of sexually assaulting another woman who told Frye she was HIV positive, records show.

Frye told investigators the act was consensual, that the two had sex several times before, and he was angry because they hadn't used a condom. Frye was not criminally charged with sexual battery in that case.

Police have said its unclear whether the woman was telling the truth about having HIV. The two lived at the same halfway house, and Frye had to leave because supervisors said he was making trouble, according to records from the Florida Department of Corrections.

Frye went back to prison in 2004 after violating his probation. He was released Aug. 1 and accused of raping the Seminole Heights woman barely a month later.

The motion filed Tuesday states that Frye has never been HIV tested.

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