‘He slapped my butt’: Trial begins for Florida lawmaker accused of sexual harassment

TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) - The civil trial for Representative Fabian Basabe (R-Miami Beach) began with opening statements on Monday.

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

Basabe is representing himself in the civil trial.

In opening statements, the plaintiffs’ attorney said the case is straight forward. Nicolas Frevola, the former legislative aide, says Basabe slapped him in the face and on the butt in two separate incidents.

Jacob Cutbirth, who served as an intern for about six weeks, said Basabe tried to kiss him on the lips, and suggested having sex with a man was better than with his wife and that the two should not be married.

“You’ll hear evidence of battery, harassment and defamation,” the attorney said.

During the alleged acts, the plaintiffs say Basabe was married.

Cutbirth testified that Rep. Basabe told him having sex with men is known as “sport (expletive).”

And, attorneys cited a social media post that allegedly defamed them. Basabe, who is running for reelection, strongly denies the claims.

“My clients were touched,” the plaintiffs lawyer said. “After an inconclusive report, they’ve been slammed to this day.”

Basabe said the case is lacking evidence.

“These are allegations of abuse of power,” Basabe said in opening statements. “If they were true, they’d deserve serious consequences. Evidence is what’s missing from this case.”

Plaintiff Nicholas Frevola, who worked as Basabe’s aide in 2022, took the stand Monday. He detailed how he met Basabe and started working with him.

“On Black Friday, myself and my friend went to Basabe’s house,” Frevola said. “We were just being guys, talking and having a conversation. On the car ride to a music festival, Rep. Basabe sent me an NDA contract.”

Frevola also testified that Basabe tried to hug and kiss his male friend and “slapped him on the butt” before taking the friend to his room.

“When I went into Mr. Basabe’s room, I saw him spooning my friend and my friend looking terrified,” Frevola testified. “My friend broke down crying, but he refused to talk.”

Frevola said, the day after that incident, Basabe made advances toward him at a career day event. “He whispered, ‘I want all of that butt’ and slapped my butt.”

He also testified that Basabe slapped him across the face and made him stand in the corner and count to 10 at an after party.

“I was humiliated and embarrassed,” Frevola said.

Frevola recounted how he eventually made a report to Human Resources, but a news reporter found out the same day and called him, asking about the allegations. Frevola thought the report was confidential.

Attorneys shared the social media post that the plaintiffs say Basabe posted that defamed them. It cites a 2023 House Report that Basabe says clears him of wrongdoing. The plaintiffs say that report is inconclusive and self-serving.

Two ethics complaints connected to the same allegations were also dismissed. A separate lawsuit is on file against the Florida House itself for failing to conduct a proper investigation.

During cross examinations, Basabe asked who the first person Frevola told about the allegations and if he sought counseling or therapy. Frevola said he did seek counseling.

Rep. Basabe says Frevola was about to be fired anyways by the speaker’s chief of staff, and that he was prepared to help him resign instead.

“Did you ask me to help you out to make sure your reputation would not be sullied in case you got fired because Allison Carter was very upset?” Basabe asked.

“I don’t remember, Mr. Basabe,” Frevola answered.

Also during cross examinations, the judge said Basabe violated a court order to not bring up Frevola’s other lawsuit against the Florida House.

The plaintiffs did not move for a mistrial, instead they asked for Basabe’s defenses stricken from the record.

Plaintiff Jacob Cutbirth also took the stand. Cutbirth used to be an intern for Basabe and was hired with the help of Frevola.

Cutbirth testified that while on a car ride with Basabe, the representative rubbed his hand on his leg. Then, he walked Basabe to his apartment.

“He tried to kiss me,” Cutbirth testified. “I put both hands on his chest and pushed him off.”

Still, Basabe said there was no independent evidence.

“Where is the corroboration? Where is the independent witness? Where is the document?” Basabe said.

The trial, which is expected to last up to four days, continues on Tuesday.

You can follow the court proceedings here: