A Leon County jury has found Republican state Rep. Fabian Basabe of Miami Beach liable for sexual harassment, battery and defamation in a rare civil case that aired serious allegations against a sitting lawmaker, as well as chaotic courtroom drama reminiscent of a reality TV show.
Now, the question is whether Basabe’s colleagues in the GOP-controlled Florida Legislature could take their own action to reprimand the two-term lawmaker, who is up for re-election this fall.
The case, brought by Basabe’s former legislative aide, the aide’s mother and a former legislative intern, played out in a downtown Tallahassee courthouse located across the street from the Capitol complex, which has long been plagued by reports of misconduct by powerbrokers.
Basabe had been accused of creating an environment of pervasive sexual harassment. The allegations were made by the two young men, who used to work in his office.
READ MORE: Tallahassee on trial: Lawmaker faces sexual harassment claims in civil case
They claimed the lawmaker grilled them about their sex lives, used graphic language to encourage them to have sex with men, and showed them an image of a naked man on his phone.
Basabe was also accused of putting his hands on the former staffers without their consent, slapping legislative aide Nicolas Frevola on the buttocks while they attended an elementary school career day in 2022, and trying to kiss then-Florida State University student Jacob Cutbirth before bringing him on as a legislative intern just a month later.
Frevola’s mother, Janette Frevola, had also accused the lawmaker of defaming her and her son in a social media post, in which he called them a “conning, scheming mother and son duo.”
The jury returned the decision in favor of Basabe’s accusers late Wednesday, after about two hours of deliberation, awarding $450,000 in damages to the plaintiffs. Basabe watched calmly as the verdict was read and did not respond to reporters’ questions as he left the courtroom.
Basabe had insisted there wasn’t evidence to support the claims. He has not been criminally charged in relation to the allegations. An external ethics review conducted on behalf of the Florida House of Representatives ended in an “inconclusive” finding.
Calls to Florida House Speaker Daniel Perez and his spokesperson were not returned Wednesday evening.
Even rarer than a sitting elected official facing such allegations in a court of law, Basabe represented himself in the case, despite not being an attorney.
During the extraordinary trial, the one-time reality TV figure-turned-politician repeatedly asked Judge J. Lee Marsh and opposing attorneys for legal advice, pursued bizarre lines of questioning with witnesses, and regularly disrupted the proceedings with what the judge described as “staggering” violations of legal procedures and court rulings.
“This isn’t a reality show for my clients,” the plaintiffs’ attorney, Katherine Viker, told the jury. “This is their lives.”
Basabe, who was known for partying with celebrities before trying his hand at politics, rested his case Wednesday without calling any witnesses, but later asked the judge if he could enter more evidence for the jury’s consideration — apparently not understanding what it meant to rest his case.
“Rightly or wrongly, I chose to defend myself. Why? Because I wanted to show the plaintiffs and everyone in this courtroom that I have nothing to hide,” Basabe told the jury.
Basabe crossed himself as in prayer in the midst of his closing statements, which were disrupted when the lawmaker violated for the seventh time a court order listing topics prohibited from being discussed in front of the jury.
“If an attorney had done what you had done, I would probably be referring them to the Florida Bar for disciplinary action,” Marsh told Basabe.
“If an attorney had done half of what you have done, they would’ve been sanctioned, sir,” the judge added.
Frevola, the former aide, was overcome with emotion after the verdict was rendered, telling his mother, “We got him, mom.”
Viker, the plaintiffs’ attorney, said the case should send a message to politicians and the powerful.
“You are accountable,” she said. “Whether it’s against a woman or a man, this is not acceptable behavior.”
And she hopes voters take note.
“Be careful who you elect. Pay attention,” Viker added. “These are the people that are going to be making your laws. And if they think they’re above the law, what good is that doing you?”
Kate Payne is The Florida Trib’s state government reporter. She can be reached at kate.payne@floridatrib.org.
