Washingtonpost.com:

It’s been dubbed the “sex-on-the-beach” trial.

A Florida jury on Monday convicted Jose Caballero, 40, and Elissa Alvarez, 20, on charges that they had sex on Bradenton Beach in broad daylight. They face up to 15 years behind bars and will have to register as sex offenders.

Each of them faced two charges of lewd and lascivious behavior, carrying a maximum penalty of 15 years in prison, the Bradenton Herald reported.

Defense attorney Ronald Kurpiers told the newspaper that Caballero and Alvarez were “devastated” by the jury’s decision.

Prosecutors — including the elected 12th Circuit State Attorney Ed Brodsky — sought a conviction in the high-profile trial to make it clear that such behavior is not acceptable on the community’s 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,” Assistant State Attorney Anthony Dafonseca said, according to the Herald. “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.”

Oh dear God!  Talk about overkill.  How about a stiff fine and some community service and that’s it?  Don’t we have enough people in prison already?  Now, I am not supporting their actions at all.  Their behavior was inappropriate at best, and illegal at worst.  However, we don’t send people to prison for having sex, as consenting adults.  That is just as childish as having sex on the beach in broad daylight.

I expect the case will not pass muster during an appeal.  According to the WaPo:

According to the probable cause affidavit filed in Manatee County, an officer responded to a 911 call on July 20, 2014, about a man and woman having intercourse. The caller said she “was very upset because her 4-year-old daughter witnessed the couple having sex on the beach.”

Six other witnesses also filled out complaints. The great-grandmother of two children who witnessed the pair recorded them on her cellphone. The footage went viral online and became a key piece of evidence in the trial. April Champ, the grandmother of the children, said it looked as if Caballero and Alvarez were having sex, although she didn’t see their genitals or penetration.

Don’t you bet everyone went home with a story to tell!

Sigh, I am reminded of an event many years ago, while I was at Duck, NC.  It seems some hometown kids knew I was down there with my kids.  Apparently some of them got taken to “Duck jail” because they had chosen to have sex on the beach, at night.  I got the call to come get them.  “I am not their parent” didn’t work.  The Duck sheriff wanted an adult.  It was a long night.  I quacked at them for many years after that, every time I saw them around town.

 

 

 

12 thoughts on “No get out of jail free for sex on the beach

  1. punchak

    Ouch, sex on a sandy beach!

  2. ed myers

    The people who hung out to take pictures on their cellphones and then when it was all over complained about their kids being exposed to a lewd display need to be given awards for duplicity. A 4 yo is not going to know what’s going on unless they see grownups pointing and talking about it. And if someone is so offended by it why would they publicize it on youtube? They doth protest too much. I’m guessing this was not an attractive couple.

    1. They looked average. She was 20. He was 40. Their pics are in the paper.

      I agree about protest to much.

  3. George S. Harris

    When the frost in on the punkin’, it’s time for peter dunkin’. I agree, way, way overkill.

  4. Steve Thomas

    I doubt they’ll get 15 years. More likely 30 days and some fines.

    I read the original story when it was first reported, and if I remember correctly, they were drunk, and they engaged more than once, over the course of a couple of hours.

    But let’s not get in the habit of dismissing this type of behavior. Who has intercourse in broad daylight, in full view of the public? People who’ve come to believe that this is no big deal. Apparently there are some on this blog who agree and try to minimize the seriousness of this anti-social behavior. That’s a shame. What would the opinion of this crime be if it weren’t a couple, and instead was a guy masturbating or exposing himself public?

  5. Steve Thomas

    According to news reports, the guy got 2.5 years. The girl got time-served. Not sure why the disparity. Maybe he’s got a record or something.

    1. OK, I can live with that. He probably has a few other things working against him. I would still fine them both….just because they can. Money often is a huge wake up call. Plus it usually eats into someone’s drug habit.

  6. Steve Thomas

    Yep..he has a record. He previously served 8 years for drug trafficking. He’s a recidivist criminal which explains the sentence. In light of this information, I’d say the sentences were justified.

    1. 15 years is way too long and expensive, I don’t care how much of a toad he is. Incarceration costs between 40 and 50k a year. $750k is a big price tag for someone scoring. Make him do a lot of community service and fine the hell out of him.

      I don’t think his past really should have much to do with the current situation. They were both rude and had unacceptable behavior. Ker ching. I just don’t believe in incarcerating bad taste and bad judgement. Save that spot for a rapist or child molester…not mutual consent sex partners.

  7. Steve Thomas

    @Moon-howler
    Moon, the weren’t prosecuted for having sex with each other. They were prosecuted for having sex with each other in a public place where children were present (thus the sex offender status) This isn’t like they were parked on some backroad or along some woodland walking path, or on a moonlit beach and were happened upon. They were on a crowded beach, in the middle of the day. They were asked to stop, and refused.

  8. Steve Thomas

    Just curious as to why you picked this topic, when the adjudication occurred months ago?

    1. I thought it was more recent. It was a break from some of the more serious topics. Let’s face it, most of the topics in the news are pretty darn serious.

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