Couple found guilty of having sex on Florida beach
The only positive to come out of this story is the reaction. If you read the comments on the Herald site, you’ll see that they are overwhelmingly disturbed by the 15 year sentence the man will get.
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A jury Monday found a couple guilty of having sex on Bradenton Beach after only 15 minutes of deliberation.
The convictions carry a maximum prison sentence of 15 years.
Jose Caballero, 40, and Elissa Alvarez, 20, were charged with two counts each of lewd and lascivious behavior for having sex on a public beach on July 20, 2014.
Video played in the courtroom during the 1- 1/2-day-long trial showed Alvarez moving on top of Caballero in a sexual manner in broad daylight. Witnesses testified that a 3-year-old girl saw them.
Both Caballero and Alvarez will now have to register as sex offenders.
A sentencing date was not announced, but Assistant State Attorney Anthony Dafonseca said they will pursue a harsher sentence for Caballero than Alvarez, since Alvarez has no prior record and Caballero has been to prison for almost eight years for a cocaine trafficking conviction.
The state will ask for jail time for Alvarez and prison time for Caballero. Dafonseca said due to Caballero being out of prison less than three years before committing another felony, he’s looking at serving the maximum time of 15 years.
“We gave them a reasonable offer, what we felt was reasonable, and they decided it wasn’t something they wanted to accept responsibility for,” Dafonseca said. “Despite the video, despite all the witnesses.”
Ronald Kurpiers, defense attorney for the couple, said his clients were “devastated,” by the verdict. Though Dafonseca hinted that they’d be speaking with the judge about whether or not 15 years was appropriate for Caballero, Kurpiers said the judge would have no discretion.
“That’s what he’ll get,” Kurpiers said.
Ed Brodsky, elected state attorney for the 16th judicial district, joined Defonseca in prosecuting the case. When asked why the case was an important one to the state attorney, Dafonseca said it was important that the community knew what wouldn’t be tolerated on public beaches.
“We’re dealing with basically tourists, that came from Brandon and Riverview and West Virginia, and they’re here on the beaches of Manatee County, our public beaches,” Dafonseca said, referring to the witnesses. “So you want to make sure that this isn’t something that just goes by the wayside. And that it is well known to the community, what will be tolerated and what won’t be.”
Family members of the couple defended the two outside the courthouse, saying the crime did not deserve this kind of attention.
“He’s a great person,” said Caballero’s mother of her son, declining to give her name. “There are other things out there we need to worry about, and they’re still loose, people who have done worse stuff.”
“She’s an 18-year-old woman, with a 40-year-old man,” said Carlos Alvarez of his daughter Elissa Alvarez. “I always say women can be better than men … but they fall in love, and they make a lot of mistakes.”
Family members who witnessed the act and a Bradenton Beach police officer, as well as Caballero, testified in the case. The defense argued that the two weren’t actually having sex, but that Alvarez had been dancing on Caballero or “nudging” him to wake him up.
“She wasn’t dancing,” Dafonseca said during closing arguments. “It’s insulting your intelligence to say that she was dancing.”
Kurpiers said since the witnesses had not seen genitals or penetration, and neither was visible in the video, either, that saying the two had sex was speculation.
“You folks cannot speculate,” Kurpiers told the jury. “And in order to say they had intercourse, you would have to speculate.”
Brodsky said they weren’t calling it the crime of the century, but it was still a violation of Florida law.
“Did they try to cuddle, or do it discreetly? Did they go in the water, where people couldn’t see?” Brodsky asked the jury. “Did Ms. Alvarez try to drape a towel over herself, or anything? They didn’t care.”
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This story is getting a lot of press. One of the more interesting articles was from Dan Savage who wrote, “So… back in 2008, a British couple was sentenced to two years in prison for having sex on a beach in Dubai, and that was held up as an example of the insanity of sharia law—and crazy, repressive sex-negativity.
On Monday, an American couple was found guilty of having sex on a beach in Florida,,,
Pamela Geller would be shrieking about this on CNN and Fox News right now if it was happening in Saudi Arabia or Dubai.
The judge has no discretion in sentencing—the State of Florida is sending Caballero to prison for 15 years for having sex on a beach. Or looking like he was having sex on a beach, as it wasn’t established definitively that Caballero and Alvarez were actually having sex. Witnesses did not see “genitals or penetration.”
How much does it cost to lock someone up for 15 years? Because whatever that figure is, officials in Florida are arguing that the expense—to say nothing of the injustice—is worth it because it sends a message:
http://www.thestranger.com/blogs/slog/2015/05/05/22168382/florida-couple-faces-jailtime-lifetime-on-sex-offender-registry-for-having-sex-on-a-beach
I’ve heard the average cost per year per inmate in FL is $20,000. So it will cost taxpayers $300,000 to “send a message.” They’re sending a message alright! These idiots don’t realize it should have the opposite effect on potential tourists. Why would I want to come to a state where I can’t even go to the beach and enjoy it with my wife or girlfriend or engage in any half way decent PDA?? Isn’t that what going on romantic vacations is all about??? And I’ve been to South Beach before and seen far worse on the beach than what this couple was supposedly doing.
Truly idiotic. Lifetime SO registration thereafter. I wonder how much it costs to maintain the SO registry. Now, with all the IN PERSON updates that need to be made, I imagine it’s expensive. We should ask for the data!
Well, we can thank the old DHS campaign “see something, say something” for stuff like this. Pretty soon holding hands or any PDA will be outlawed in Florida and labeled as a “sex offense.” This state is obsessed with keeping the “criminal justice engine” running….prisons, judges, lawyers, DOC, therapists, etc… It has become such a major job provider for this state which is why poor guy’s like Alvarez are getting crazy sentences like that. He will keep several DOC officers employed for at least 15 more years. But the populace here is so “brainwashed” by these Republican lawmakers who are convincing them that FL is the toughest state on crime (and needs to be “tougher)which is all a farse. It is the state with one of the biggest criminal justice industries in the country, that’s for sure. This is over the top for sure, and I again would like to refer to that article on here a few weeks ago: “The Overpolicing of American Sex.” Good article.