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Former staffer accuses Florida Republican Fabian Basabe of sexually battering man at his Miami home

Florida State House Rep Fabian Basabe is flanked by security as he rides in the LGBTQ Pride Celebration parade 2023 Miami Beach Florida
Joe Raedle/Getty Images

Two staffers have already made allegations against the lawmaker, but now one of them said Basabe groped at and tried to kiss an intoxicated friend of his.

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A new lawsuit against the Florida House of Representatives includes allegations a Republican state lawmaker committed sexual battery on a young man in his 20s.

The Florida House cleared Florida Rep. Fabian Basabe, a freshman representing Miami Beach, of sexual harassment allegations by former staffers Nicolas Frevola and Jacob Cutbirth. But both the accusers remain in litigation, and have now filed suit against the chamber of the Legislature.

The suit recounts many accusations already made publicly, including that Basabe grabbed Frevola’s rear at an event and told him “I want all of that butt” and that he tried to kiss Cutbirth after the intern drove him to his Tallahassee hotel. Both Frevola and Cutbirth identify as straight.

But the latest legal action also levels new accusations Frevola witnessed Basabe make advances on a friend at his home. In the lawsuit, Frevola claims Basbae had him and a friend at his Miami home names “Shiloh” in December of 2022. The suit identifies this friend, who was not an employee of the Florida Legislature, as D.D.

The lawsuit says that after Basabe encouraged several men at the party to swim in their underwear, and that the lawmaker then started to “grope at and try to kiss D.D.” While D.D. initially protested and said “I don’t roll that way,” Frevola said he later saw Frevola pull the young man toward his home.

“After D.D. was visibly intoxicated, Frevola saw Basabe grab ahold of D.D. by his arm and pull him up the stairs of the pool and towards the inside of his residence,” the complaint states. “Frevola wasn’t certain as to why Basabe was taking D.D. towards his house, but he felt uncomfortable about it due to Basabe’s aggressive physical behavior towards D.D., plus Frevola’s knowledge that D.D. was heterosexual, along with the fact that D.D. was visibly intoxicated.”

While Frevola said he tried to intervene, a male associate of Basabe intervened and discouraged that.

Frevola stayed at the pool house, and the next morning went looking for his friend, and for Basabe to get him ready for a career day event at an elementary school.

“When Frevola walked into Basabe’s bedroom, he saw D.D., who was naked, get out of the bed and get on the floor to grab his underwear, which he put on,” he said. “After D.D. put on his underwear, which was still wet from the night before, he and Frevola went out back to the pool house, where D.D. put on the rest of his clothes that he had taken off the prior night to get into the pool, and Frevola asked D.D. what had happened, and D.D. started to cry and he stated that he did not want to talk about it.”

Frevola in the complaint said he believed Basabe sexually battered D.D. when he was drunk.

Basabe denied all accusations in the lawsuit.

“While criminal charges have never been filed in any bogus allegation including my name due to lack of any corroborating evidence, along with two third party investigations which failed to prove anything conclusive, this is, in no uncertain terms, another disgraceful, politically and financially motivated accusation in an attempt to discredit my character just before my primary Election Day, this coming Tuesday, with intention of advancing my Republican primary opponent to a general race she stands absolutely no chance of winning,” Basave said. “This is dirty politics at its worst!”

He said it was irresponsible that allegations continue to be spread.

“Those who are printing and producing this information are beyond malicious and defamatory at this point and I hope it is obvious these continuous smears have never been about the allegations, which are despicable and FALSE. Furthermore, I rejected the plaintiffs attempt at extorting me of $50,000 for a “go away” settlement. I am an innocent victim, I will not settle, not today and not ever!

“I think it’s important to note the plaintiffs have collectively and conveniently made themselves unavailable for their depositions under oath until after the election, stating the reason that those who claim to have suffered a financial burden are on extended vacation travel over the next few months. It appears however, accusations will continue to come my way because as long as some people can talk, they can also lie, apparently with zero remorse. Meanwhile, I am continuing to do my job without allowing any distractions from my responsibilities and my campaign. It is a shame that stricter laws are not in place against marketing unproven character assassination attempts, which is something I’ll be looking into after my victory in both upcoming elections!”

Basabe won his primary last week after the new allegations emerged.

Cindy Myers, an attorney for Frevola and Cutbirth, said Basabe wasn’t telling the truth, and that her clients have been available for depositions since July 2023.

“The only reason they are now going to be deposed is because during the deposition of Basabe on July 24, I raised the issue that the plaintiffs were available and want to be deposed and he just needs to tell his attorney he can do it,” Myers said. “It was only then that he said he wanted his attorney to depose them. This guy is slick and will lie and obfuscate facts every chance he gets.”

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