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A civil rights frontier? Man says law standing between him and sex acts with donkey is unconstitutional
Farmhand Carlos R. Romero, who was caught with his pants down by a farm owner, is accused of masturbating with a donkey in Ocala, Fla. He allegedly admitted to masturbating with Doodle five or six times and is challenging the notion that sex acts with animals are necessarily harmful or nonconsensual.
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By Christine Roberts / NEW YORK DAILY NEWS
Tuesday, December 11, 2012, 6:37 PM
Carlos R. Romero of Ocala, Fla., is accused of having sex with his miniature donkey, Doodle.
Marion County Sheriff's Office
Carlos R. Romero of Ocala, Fla., is accused of having sex with his miniature donkey, Doodle.
Lawyers representing the frisky farmhand thrown in jail for allegedly masturbating with a donkey are now fighting to have Florida’s statute banning sex with animals declared unconstitutional.
“By making sexual conduct with an animal a crime, the statute demeans individuals like Defendant by making his private sexual conduct a crime,” attorneys for 32-year-old Carlos R. Romero wrote in a motion filed last week, the Ocala-Star Banner reported.
Romero was cuffed at an Ocala farm back in September after farm proprietor Gerald James told police he saw Romero with his pants down as he was seemingly having sex with a donkey named Doodle in an equipment room on Aug. 15, according to police report obtained by thesmokinggun.com.
FLORIDA MAN BOOKED FOR DONKEY SEX ABUSE
Romero later pleaded not guilty to a first-degree misdemeanor charge of sexual activities involving animals. He announced last week that he wanted his case to go to trial.
His attorneys argue that Florida’s statute violates the farmhand’s rights by stripping him of his “personal liberty and autonomy when it comes to private intimate activities.”
DONKEY19N_1_WEB
Bruce Ackerman/Ocala Star-Banner/via Landov
Doodle, a 21-month-old miniature female donkey, was seized after its owner, Carlos R. Romero, was arrested for bestiality on a warrant for cruelty to animals.
They say the statute is unconstitutional because it doesn’t require the state to provide any proof of the animal’s suffering “or any proof of the sexual activity being non-consensual.”
“The personal morals of the majority, whether based on religion or traditions, cannot be used as a reason to deprive a person of their personal liberties,” the motion states.
“If the statute were to require sexual conduct with animals to be nonconsensual or to cause injury in order to be a crime, then perhaps the State would have a rational basis and legitimate state interest in enforcement.”
The attorneys also say the sentence carried by the possible misdemeanor conviction, a yearlong stint in prison, “constitutes cruel and unusual punishment.”
Shortly after his arrest, Romero allegedly told police that he had been using his fingers to clean the donkey’s genitals and that the sexual contact was an accident.
However, police said he admitted to masturbating with Doodle five or six times. He also allegedly told cops that he becomes aroused when he sees animals in heat.
Romero has since pleaded with court to give him back custody of the miniature donkey. Marion County officials, however, want to give her up for adoption.
“There’s got to be due process here,” Romero said back in September. “I paid $500 for her.”
Jury selection for Romero’s trial begins Dec. 17.
Read more: http://www.nydailynews.com/news/nati...#ixzz2ErixB3l2
A civil rights frontier? Man says law standing between him and sex acts with donkey is unconstitutional
Farmhand Carlos R. Romero, who was caught with his pants down by a farm owner, is accused of masturbating with a donkey in Ocala, Fla. He allegedly admitted to masturbating with Doodle five or six times and is challenging the notion that sex acts with animals are necessarily harmful or nonconsensual.
Comments (63)
By Christine Roberts / NEW YORK DAILY NEWS
Tuesday, December 11, 2012, 6:37 PM
Carlos R. Romero of Ocala, Fla., is accused of having sex with his miniature donkey, Doodle.
Marion County Sheriff's Office
Carlos R. Romero of Ocala, Fla., is accused of having sex with his miniature donkey, Doodle.
Lawyers representing the frisky farmhand thrown in jail for allegedly masturbating with a donkey are now fighting to have Florida’s statute banning sex with animals declared unconstitutional.
“By making sexual conduct with an animal a crime, the statute demeans individuals like Defendant by making his private sexual conduct a crime,” attorneys for 32-year-old Carlos R. Romero wrote in a motion filed last week, the Ocala-Star Banner reported.
Romero was cuffed at an Ocala farm back in September after farm proprietor Gerald James told police he saw Romero with his pants down as he was seemingly having sex with a donkey named Doodle in an equipment room on Aug. 15, according to police report obtained by thesmokinggun.com.
FLORIDA MAN BOOKED FOR DONKEY SEX ABUSE
Romero later pleaded not guilty to a first-degree misdemeanor charge of sexual activities involving animals. He announced last week that he wanted his case to go to trial.
His attorneys argue that Florida’s statute violates the farmhand’s rights by stripping him of his “personal liberty and autonomy when it comes to private intimate activities.”
DONKEY19N_1_WEB
Bruce Ackerman/Ocala Star-Banner/via Landov
Doodle, a 21-month-old miniature female donkey, was seized after its owner, Carlos R. Romero, was arrested for bestiality on a warrant for cruelty to animals.
They say the statute is unconstitutional because it doesn’t require the state to provide any proof of the animal’s suffering “or any proof of the sexual activity being non-consensual.”
“The personal morals of the majority, whether based on religion or traditions, cannot be used as a reason to deprive a person of their personal liberties,” the motion states.
“If the statute were to require sexual conduct with animals to be nonconsensual or to cause injury in order to be a crime, then perhaps the State would have a rational basis and legitimate state interest in enforcement.”
The attorneys also say the sentence carried by the possible misdemeanor conviction, a yearlong stint in prison, “constitutes cruel and unusual punishment.”
Shortly after his arrest, Romero allegedly told police that he had been using his fingers to clean the donkey’s genitals and that the sexual contact was an accident.
However, police said he admitted to masturbating with Doodle five or six times. He also allegedly told cops that he becomes aroused when he sees animals in heat.
Romero has since pleaded with court to give him back custody of the miniature donkey. Marion County officials, however, want to give her up for adoption.
“There’s got to be due process here,” Romero said back in September. “I paid $500 for her.”
Jury selection for Romero’s trial begins Dec. 17.
Read more: http://www.nydailynews.com/news/nati...#ixzz2ErixB3l2
I agree. Everything nowadays is “only a matter of time,” including the legalization of same sex marriage, the legalization of marijuana smoking, the legalization of polygamy, etc. 
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