General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFlorida man gets 2.5 years in prison for having sex on the beach
A man convicted of having sex on a Florida beach in front of families was sentenced to two and a half years in prison on Monday..
snip
They were videotaped having sex on a Manatee County beach last summer in broad daylight. Witnesses testified that a 3-year-old girl saw them.
Caballero told jurors that he and Alvarez were not having sex and that witnesses were mistaken. Jurors listened to graphic testimony from witnesses and saw a video of Alvarez moving on top of Caballero in a sexual manner in the middle of the day while others watched
Prosecutors say they were tougher on Caballero because he previously served eight years for cocaine trafficking. Both must now register as sex offenders.
http://www.orlandosentinel.com/news/breaking-news/os-ap-sex-beach-jose-caballero-lewd-20150706-story.html
still_one
(92,219 posts)LisaL
(44,973 posts)still_one
(92,219 posts)what I was trying to saying. Is it even legal to consider an unrelated past offense, that I assume he has already paid the price for, to be considered when sentencing him for a different offense.
LisaL
(44,973 posts)still_one
(92,219 posts)onenote
(42,714 posts)Someone convicted of a crime may have their past criminal history considered in sentencing. Who the victim is and their criminal history is not relevant.
still_one
(92,219 posts)strikes and your out, where if someone commits a couple of felonies, even if the third crime is a misdemeanor that person will be sent to prison.
In other words, shouldn't the punishment fit the crime?
That is what I think had me questioning this sentence
onenote
(42,714 posts)and vice versa?
The problem with the three strikes rule is that is inflexible, not that it considers past offenses.
still_one
(92,219 posts)sentence? That is what I question
onenote
(42,714 posts)I know it's not your fault, but it's damn funny.
The 3 year old didn't consent to be part of this, nor did anyone else. Certain things that one can do at home aren't considered socially acceptable when done in public. You can walk around naked in your home. Take off everything on a public beach -- you could end up getting arrested and jail time, while not typically the punishment (for a first offender) likely would be in play for a repeat offender.
In this case, they were charged with, and convicted of, lewd and lascivious exhibition in public. The maximum penalty is 15 years. He got 2.5 years, she got time served.
still_one
(92,219 posts)be to me. In fact, Counseling and community service would probably be a more constructive path. I doubt very much that prison will improve his character.
JimDandy
(7,318 posts)because it was in public. A lewd public consensual act still shouldn't have drawn prison time. A fine would have been appropriate though.
KamaAina
(78,249 posts)840high
(17,196 posts)KamaAina
(78,249 posts)and if he were underage, that'd be a slightly worse offense than having, y'know, sex on the beach.
Warpy
(111,277 posts)I think his prior conviction for coke is what the sentence is about, not his apparently consensual but badly thought out boink on the beach. It really should have netted him a fine, not jail time, no matter how many toddlers were around and asking Mommy embarrassing questions.
Sex on a beach is not as fun as it looks, anyway. Sand in the pink bits is distinctly unpleasant.
aikoaiko
(34,172 posts)Contrary1
(12,629 posts)of lubricant, as a friend of mine did back in the 60's, while in the throes of love making on the beach.
Ouch. (No, it didn't include me.)
RKP5637
(67,111 posts)RKP5637
(67,111 posts)real sex, like penetration, but it was apparently intense. Initially, they had said it was one person that had complained, but I guess that changed. Whatever, I think it's a way overboard sentence. I can certainly see a fine and all, but jail time like this and registration as a sex offender seems way overboard. People have sex on the beach all the time, but granted, this was really dumb, dumb, dumb continuing and continuing and all, and the location.
Travis_0004
(5,417 posts)I think for a first offense 50 hours of community service should be fine. I think that would be a good enough deterrent, and help out the community in the mean time.
Hugin
(33,164 posts)Just for starters.
Yee... I will never understand humans.
RKP5637
(67,111 posts)especially as a supposedly intelligent species.
hunter
(38,317 posts)I think I'll visit Alaska first.
This story is Idiocracy from beginning to end: the couple, the "bystanders," the moron making a video, whoever called the police, the police, the prosecutor, and the jury.
What a pathetic waste of time and tax dollars...
RKP5637
(67,111 posts)totally lame.
hifiguy
(33,688 posts)To quote South Park.
THIS is worth spending $35,000-40,000 to keep someone in jail every year.
You think little kids didn't see sex when an entire family lived in one room, as was normal in any overcrowded urban area for generations?
PRIORITIES, people.
Kaleva
(36,312 posts)Chemisse
(30,813 posts)Although not in front of families.
And not during the day.
LiberalElite
(14,691 posts)olddots
(10,237 posts)if one of the producers didn't steal it .
47of74
(18,470 posts)Monk06
(7,675 posts)DawgHouse
(4,019 posts)bigwillq
(72,790 posts)Our justice system is broken.
villager
(26,001 posts)Hence, the Alice-in-Wonderland like sentencing...
RKP5637
(67,111 posts)imprisonment. It really is a broken system, and layered with prisons for profit, yet another total WTF.
Orrex
(63,216 posts).
Orrex
(63,216 posts)Orrex
(63,216 posts)onethatcares
(16,172 posts)pRick Scott has been fucking the citizens of Floriduh for the past 6 years and is getting ready to run for the senate after quadrupling his net worth.
Reter
(2,188 posts)Registered sex offenders for life? Please. That should be limited to pedos and rapists. Not this, or some guy who takes a piss a little to close to a school.