A Florida man has been sentenced to 2.5 years prison time after having sex with his girlfriend on a beach in broad daylight, to the shock of young children and their parents, reports the Washington Post.
The couple are accused of becoming overly amorous. Image Credit: Bertram Nudelbach (Flickr)
In May of this year, a jury convicted Caballero, 40 and Alvarez, 20, of two counts each of lewd and lascivious behavior for having sex on the beach in full view of the public, including several young families in July 2014.
Caballero has now been sentenced to 30 months behind bars, and Alvarez has appealed.
A woman called 911 to complain she “was very upset because her 4-year-old daughter witnessed the couple having sex on the beach,” according to a written statement.
Seven witnesses filed complaints, including a great-grandmother who filmed the interaction on her cell phone; footage which was used in court as a key piece of evidence.
Caballero told the courtroom that Alvarez was dancing on top of him, and Caballero’s defense attorney, Ronald Kurpiers, argued that as no witnesses saw genitals or penetration, it was pure “speculation” to accuse his client of having sex in public.
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But Assistant State Attorney Anthony Dafonseca said that what happened on the sand was all too clear, saying: “She wasn’t dancing […] It’s insulting your intelligence to say that she was dancing.”
After the sentence was announced, he added: “I’m not going to tell you how exactly sexual intercourse goes but as far as how she was moving and as far as what the witnesses described, there is no need to be moving your bathing suit aside.”
The State Attorney’s Office offered the couple plea deals — 60 days time served for Alvarez as a first offence, but two and a half years for Caballero because of a prior drug sentence. They chose to reject these deals as it means they would have been considered sex offenders. However, after their conviction they now carry this status anyway.
Kurpiers argued that sex on the beach wasn’t worthy of sex offender status, which will prevent Alvarez and Caballero from ever living near a school, park, playground or day care. The couple will also have to register with the state as sex offenders.
Kurpiers said his client intends to appeal. Alvarez already appealed her conviction last month.
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