Lawsuit against House raises sexual battery allegation against Fabian Basabe

Fabian Basabe proved a Republican can win in Miami Beach. Image via Fabian Basabe.

Two former staffers for state Rep. Fabian Basabe are suing the Florida House for covering up sexual harassment. The latest complaint also raises a new allegation Basabe may have raped a male associate of one of the staffers.

Nicolas Frevola and Jacob Cutbirth, two former employees of the Miami Beach Republican’s legislative office, filed an intent to sue the House in December. This week, they filed a complaint in Leon County Circuit Court.

Much of the lawsuit repeats the same claims that prompted two internal House investigations. Both probes determined there was insufficient evidence to conclude that Basabe assaulted Frevola or sexually harassed Frevola or Cutbirth. The plaintiffs maintain the House investigations ignored evidence and failed to interview witnesses with knowledge of wrongdoing.

But the latest lawsuit also includes newly public allegations involving a third man. The lawsuit describes an incident at Basabe’s home involving a friend of Frevola identified only as “D.D.,” a straight man in his 20s. D.D. notably is not a party in the lawsuit.

A complaint states Frevola witnessed Basabe “grope at and try to kiss” D.D. at a poolside gathering at Basabe’s Shiloh home. In the suit, Frevola said D.D. initially told Basabe he was straight and did not “roll that way.”

Nevertheless, Frevola said he later saw Basabe grab D.D. by the arm and pull him toward his home. When Frevola tried to intervene, the suit said a friend of Basabe’s stopped him from becoming involved.

Frevola ended up sleeping in the pool house that evening, then went searching for Basabe in the morning and found D.D. getting out of the lawmaker’s bed in the nude. Shortly after, 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 believed that Basabe had sexually battered D.D. and taken advantage of him when he was intoxicated,” the complaint said.

Frevola said he took D.D. from the scene but then returned to take Basabe to a career day event at a local elementary school. It was at the event that Frevola previously alleged Basabe grabbed his rear and said, “I want all of that butt.”

Attorney Cynthia Myers, who is representing the plaintiffs, said the House investigations failed to include any information about D.D.’s accusations, and she doesn’t believe he spoke to investigators.

She also said investigators did not interview another aide, identified in lawsuits only as J.D., despite allegations he was also sexually harassed by Basabe. In a later deposition, Basaba called that aide a “delusional liar,” according to a footnote in the complaint. Frevola told House investigators about incidents involving both J.D. and D.D., the lawsuit states.

To date, Basabe has repeatedly denied the accusations leveled by Frevola and Cutbirth. The new lawsuit comes days ahead of an Aug. 20 Republican Primary between Basabe and challenger Melinda Almonte in House District 106, a fact he noted in a statement to Florida Politics about the new allegations.

“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. This is dirty politics at its worst!” he said.

The lawsuit against the House accuses the institution of fraud, abuse of process and a conspiracy to defame the plaintiffs. It alleges counts of sexual discrimination and retaliation against both staffers and of creating a hostile work environment for the men.

Basabe said the lawsuit clearly has ill motives.

“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,” he said. “Furthermore, I rejected the plaintiff’s 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, that 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!”

Myers said plaintiffs have been available to depose since July 2023, but Basabe has not wanted to pay an attorney to do so. As for the $50,000 amount, she said that’s an amount that would need to be pled in a complaint to get into circuit civil court.

“Again this is a lawsuit against the House, not Basabe, so how could we be extorting, as he appears to be alleging, Basabe if this is a lawsuit against the house, and this lawsuit is against the House for failing to include key pieces of evidence in the investigations,” Myers said.