Florida's justice system has a loophole that has freed a convicted rapist after only serving 100 days in jail. Rafael Munguia, 26, pled guilty to raping a guest staying at the Fontainebleau Hotel in Miami Beach and was able to walk away due to Florida's sex offender probation program, which doesn't accomodate foreigners. A woman staying at the hotel, visiting from California to attend the Ultra Music Festival, told authorities that she had left her door open for a female friend that was supposed to come back. She told authorities that at 6.45 a.m. she woke up to find a naked man in her bed, who held her down and raped her. She fought the attacker, ran into the bathroom and then went to her sister's room to seek help. She then was sent to Jackson Memorial Hospital.
Surveillance cameras show Rafael Munguia going towards the victim's suite and leaving 22 minutes later. He was seen wearing a red hat, that was left accidentally in the woman's room. He was also seen in the footage to be buckling his jeans as he returned to his floor. Authorities have revealed that Rafael Munguia confessed to the assault and stated that he had been drinking. "He gave a full confession to detectives, admitting that once he saw the door open, he made his way [in], he saw the victim, and without any hesitation, he proceeded to sexually assault her," Miami Beach Police detective Vivian Hernandez told WSVN last year.
The Miami Herald reports that Rafael Munguia's plea deal involved 10 years probation as a sex offender. But Judge Maria Elena Verde sent him back to Mexico after serving a mere 100 days because an expired tourist visa would prevent him being allowed to report for probation in the future as Florida's law does not allow people living overseas to be on the sex-offender probation program. "I think there has to be a solution to this problem. It cannot be the case that a tourist now has to come back here without permission, sneak in and register" said Judge Maria Elena Verde, adding: "It would require him to stay in a country where he has no legal status. That's a problem."
Judge Maria Elena Verde ended up charging him for burglary and sexual battery, and mandates that he never return to the United States again. Rafael Munguia's lawyer told the Miami Herald that his client "comes from a good family in Mexico City" and that the case ended in a "very amicable" note. "We reached a very amicable resolution to a very interesting case," said his attorney, Bruce Fleisher. "He comes from a good family in Mexico City. Once he registers as a sex offender, he will go back to his native country because he cannot stay here."
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