Lawyers representing a Marion County man accused of having sex with a miniature donkey intend to argue that the Florida statute banning sexual activities with animals is unconstitutional, The Gainesville Sun is reporting.
In a motion filed on Dec. 6, the attorneys for Carlos R. Romero, 32, state that the statute infringes upon Romero's due process rights and violates the equal protection clause of the Fourteenth Amendment in the U.S. Constitution.
Marion County deputies said that, on August 15, Romero was found in a compromising position the donkey by a man who was delivering a horse to a farm he rents in the 9100 block of Northwest 60th Avenue. Gerald Joseph James said that he saw Romero and the 21-month-old miniature, female donkey in a tac room, where he observed that Romero did not have a shirt on and his pants were down.
"Defendant was up against the rear of the donkey and it appeared the defendant was having sex with the donkey," read an arrest report.
At the time of his arrest, Romero told deputies that, "Florida is a backwards state and people frown on zoophilia here." He was charged with sexual activities involving animals, a first-degree misdemeanor, and animal cruelty. The donkey, named Doodle, was removed by animal control.
More information at The Gainesville Sun website.