How Can You Rape a Woman in Miami Beach and Get Off With Just Time Served? Be a Foreign National
Rafael Munguia will plead guilty to raping a woman while she was asleep in a room at the Fontainebleau hotel in Miami Beach, but he'll be sent home a mostly free man immediately. Why? Because he's a citizen of Mexico and Florida's sex-offender probation program isn't equipped to deal with foreign citizens.
According to the Miami Herald, during the Winter Music Conference in March 2012, Munguia was creeping through the halls of the Fontainebleau. He stumbled across a door left slightly open and found a woman asleep in the room. The 27-year-old then proceeded to rape her. The women did wake up and attempted to fight the stranger off. She was taken to Ryder Trauma Center after the attack.
He was arrested shortly after and admitted the he was drunk at the time. He'll now plead guilty to the crime, except he won't have to serve a single day more in jail and the probation he'll be sentenced to is virtually meaningless because of his citizenship.
Sexual battery carries a minimum sentence of nine years in Florida, but Munguia will avoid that sentence by accepting the plea deal. He'll get credit for 100 days in jail already served after his arrest. He is sentenced to 10 years of probation, but because his tourist visa expires at the end of the year there's no way he could actually come to Florida to report for probation.
Though, the judge has ordered Munguia to never enter the country again.
His attorney told the Herald that the situation was "very amicable" for Munguia.