4

How Can You Rape a Woman in Miami Beach and Get Off With Just Time Served? Be a Foreign National

^
Keep New Times Free
I Support
  • Local
  • Community
  • Journalism
  • logo

Support the independent voice of Miami and help keep the future of New Times free.

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.

Follow Miami New Times on Facebook and Twitter @MiamiNewTimes.

Keep Miami New Times Free... Since we started Miami New Times, it has been defined as the free, independent voice of Miami, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who've won everything from the Society of Professional Journalists' Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" membership program, allowing us to keep covering Miami with no paywalls.

We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.

 

Join the New Times community and help support independent local journalism in Miami.

 

Join the New Times community and help support independent local journalism in Miami.