Anonymous witness claims he was drugged, raped in trial of Florida lawmaker accused of sexual harassment

TALLAHASSEE, Fla. (WCTV) - Testimony in the civil trial for Florida Representative Fabian Basabe (R-Miami Beach) continued on Tuesday.

The second day of testimony saw an anonymous witness, identified only as “TS,” claims Basabe drugged and raped him.

TS’s testimony, which happened outside the presence of the jury, detailed an event that happened around 20 years ago in California.

TS said he blacked out and when he woke up he said Basabe’s mouth was on his penis. “I realized I was being raped,” the witness said. “It’s very clear in my mind, but my body was moving slow. I was able to say no and stop.”

He testified he felt “poking” near his butt and grabbed a blanket, cocooned himself in it and got off the couch.

“Many hours later, the sun was shining through the window and I was sweating,” he said.

During cross examination, TS testified he does not know the plaintiffs and that this is the first time he’s met them.

“Everything you intend to testify about involves events completely separate from the allegations in this lawsuit, correct?” Basabe asked.

The unnamed witness was able to testify after a lengthy back and forth, with the plaintiffs arguing the alleged 2003 rape was similar enough and “TS” should be admitted as a rebuttal witness.

“So what I’d like to ask is, do you know the defendant?” asked Katherine Lanier Viker, the lead attorney for the plaintiffs. “Yes,” said the unnamed witness.

“How do you know the defendant?” Lanier asked. “He drugged me and raped me,” TS said.

After Judge Lee Marsh heard TS’s testimony, he said the event isn’t related enough to the case at hand and would be too prejudicial. The jury will not hear TS’s testimony.

“We have spent so much time on something that I’m struggling to see the relevance,” said Judge Lee Marsh.

Basabe is accused of acting inappropriately toward an intern, an aide and the aide’s mother. He is being sued for sexual harassment, battery and defamation.

Basabe, who is representing himself in the civil trial, took the stand in his defense on Tuesday.

“You called them ungrateful, lying, scum, lazy, entitled, unscrupulous, self-involved. That sounds like you were offended. Were you offended?” the plaintiff’s attorney asked.

“I’m still offended, but my state of mind in that day that got to my opinion, I believe I’m entitled to my opinion,” Basabe said.

Nicolas Frevola, Basabe’s former legislative aide, claims Basabe slapped him in the face and on the butt in two separate incidents.

Jacob Cutbirth served as an intern and said Basabe tried to kiss him and made inappropriate comments to him.

During Tuesday’s testimony, plaintiffs showed a photo of Basabe kissing a man, who is his boyfriend, while he is married to a woman.

“I don’t believe in those labels,” Basabe said.

There was reference to a 2023 House Report that found the allegations against Basabe “inconclusive.” Plaintiffs also referenced a social media post that allegedly called Frevola and Cutbirth “lying scum” after that report was released.

Basabe says two ethics complaints against him have been dismissed. He did say he would consider taking the defamatory social media post down if it really affected the plaintiffs, but he also called one of them a loser during testimony.

The trial is expected to last four days. You can check out a recap at the thread below, or watch the entire hearing back by following this link.

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