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WEST MELBOURNE, Fla. — A 35-year-old Palm Bay man was arrested Tuesday on seven counts of sexual battery by a familial or custodial person after investigators say he repeatedly raped his teenage family member over more than a year, with many of the assaults occurring at a gazebo in West Melbourne’s Field of Dreams Park. He is married and has young children who the victim often babysat.
Joseph Timothy Hubert III, born May 21, 1990, was taken into custody on January 27, 2026, by the Palm Bay Police Department. He faces seven felony charges under Florida Statute 794.011(8)(b), which applies to sexual battery committed by a person in a familial or custodial role against a victim aged 12 or older but younger than 18. The victim in this case is between the ages of 12-15.
According to the detailed Affidavit for Arrest Warrant filed by West Melbourne Police, the victim disclosed that the abuse began around June 2024 and continued until January 18, 2026. She estimated being assaulted 1 to 3 times per week, with the majority of incidents taking place at the gazebo overlooking the water at West Melbourne Community Park (also commonly called Field of Dreams Space Coast Park).
The affidavit states Hubert would frequently take his children and the victim to the park’s skate area. While the younger children played, he would isolate the victim at the gazebo. Surveillance cameras clearly captured Hubert and the victim engaging in repeated sexual acts on at least seven occasions between December 24, 2025, and January 18, 2026. The victim positively identified herself and Hubert in still images pulled from the videos.
Investigators documented patterns of non-compliance from the victim, including Hubert allegedly holding her wrists, pinning her down, or physically moving her during the acts. The victim told police she often resisted but felt unable to fight back due to his size (listed as 5’9″, 290 lbs) and fear of pain or bruising he would often inflict on her during resistance.
The affidavit also details assaults at Hubert’s residence in Palm Bay, including one on January 18, 2026, which prompted the victim to finally disclose the abuse to a family member. That same night, she was taken to Palm Bay Hospital, where a sexual assault kit was collected.
Detectives noted that after Hubert underwent a vasectomy, he began ejaculating inside the victim without a condom. The victim also reported instances of oral and anal sex, and said Hubert preferred her to wear shorts for easier access. She told investigators he would become agitated and more forceful when she refused to comply.
Hubert reportedly discouraged the victim from bringing her phone to the gazebo, allegedly to prevent her from recording evidence. He has a prior criminal history: in 2010, he was arrested on charges of lewd and lascivious battery and molestation involving minors under 16. He ultimately pled guilty to two counts of aggravated assault and was sentenced to 5 years probation.
The victim reportedly feared coming forward due to Hubert’s role as a financial provider in the family and threats that he would “twist her story” if she spoke out.
Hubert is currently in custody at the Brevard County Jail.
Editor’s note: the affidavit was removed from publication in an effort to help protect the identity of the victim.
