Before dawn the morning after Christmas—at around 3 a.m.—a Flagler County Sheriff’s deputy was on patrol near the public library on Palm Coast Parkway when he saw a Chrysler van in the lot of the library. The van was “rocking back and forth,” in the deputy’s telling, according to a police report. The deputy shined his light through the rear driver’s side window and saw two people having sex. He then asked the couple to stop, put their pants on and get out of the vehicle.
Before long, the deputy learned that the woman was 18, the man—the boy—was 15. The boy “was extremely intoxicated,” according to the report. The deputy called for a supervisor and an ambulance, and the boy was medically cleared at the scene. The deputy then sent another cop to the boy’s mother’s address nearby, in Palm Coast’s W Section, and bring the boy’s mother to the scene.
The boy’s mother arrived shortly and told the deputy that she’d told the woman to stay away from her son before. The deputy asked if she wanted to press charges. The boy’s mother did.
Under the circumstances, the deputy, who had exercised every means of discretion available, had no choice. Gabriella Martinez, who goes by Gabby, was charged with sexual battery—that is, rape, under Florida law—a first-degree felony (although under Florida law, when the act is consensual in such circumstances, the charge can be reduced).
Martinez’s bond was set at $10,000. She had her first appearance before Circuit Judge J. David Walsh later that day and bonded out, with a set of conditions. She is to have no contact with the alleged victim. She may not consume alcohol or illegal drugs. And she is to have no unsupervised visits with any minors. (Martinez works at a local Taco Bell.)
The case appears to fall within Florida’s 2007 Romeo and Juliet law, which seeks to limit the legal consequences on people within certain age brackets who engage in illegal sex. The victim must be at least 14 and the offender must be no more than four years older at the time of the act. The victim must have consented to the sexual activity.
The law does not make the sexual activity legal: it is still a criminal act as far as the older offender is concerned, and the offender may be punished accordingly. But whereas before 2007, convicted offenders were also automatically branded as sexual predators or sexual offenders, and had to remain so for at least 20 years, with burdensome registry and other requirements, the 2007 law makes it possible for the offender to petition the court and remove the sexual offender or predator designation.
Charles "Bub" Robson says
Yup back in the day I drove up on this type of activity many times, with the “players” in vehicles and on the beach. Get a motel!
Lisa says
How would everyone feel if this was an 18 year old male and a clearly drunk 15 year old female. Not as bothered by the age difference as I am the fact that the boy was drunk when this was happening. You cannot consent to sexual activity when you are drunk!
Seminole Pride says
If the boy was drunk, I don’t believe he was capable to perform his manly duties.
Outsider says
There’s a bumper sticker you can buy that says “If this van’s rockin’ don’t come knockin.”
NortonSmitty says
You must be female, because I’m willing to bet you were never a 15 year old boy.
John says
My question is, what is a 15 year old doing out at 3 am, oh that’s right no parent supervision, it’s so sad what Palm Coast has become.
Anonymous says
Why don’t we have a curfew for minors?
beachcomberT says
I wonder what other crimes were occurring in Palm Coast at 3 a.m. while a deputy wasted his time on this offense. What about a stern warning, giving the woman a breathalyzer to make sure she wasn’t drunk, and then sending them on their way. Is there anyone who hasn’t had sex in a vehicle during their foolish, youthful years?
Silvereed says
I hear you….
Anonymous says
When a society defines and treats acts as rape that are clearly not rape, the word has lost its meaning. Also, how many active illegal relationships are going on in our state’s high schools involving 18-year-old seniors and underclassmen? For every guy (or gal, in this case) who gets in trouble for jailbait, there’s always 1,000 more who are getting away with it. Among them, probably some of the men who made these laws so draconian, in their own heyday.
Initialjoe says
Yeah…this is dumb. She’s only 18…he’s 15. 15 year olds are quite capable of sex…it shouldn’t be an issue. If she was 28 it would be an issue…but they’re both young. Glad we live in such an uptight nation.
Anonymous says
Its been ruled unconstitutional.
Optimist says
Palm Coast is classy! It’s residents and their kids are really top notch people! Invest in this group of winners NOW!!!
Face Reality says
@ Beachcomber… they were given a stern warning, because this is what you call “Against the Law”.. she wasn’t arrested for having sex in a car in a parking lot… she was arrested for doing that with a MINOR. I’m sure you’d be singing a different tune, if you were called at 3am because your minor child was caught up in this
Anonymous says
I agree with John’s comment. Also, the parents of the 15 year old should be charged with child neglect. Really, the embarrassment of this story is enough punishment for all involved already. If the library was open 24/7, they could’ve just read a book instead!
Lancer says
Yet…you choose to drink, right? Therefore…the personal decision drink too much lead to bad decisions?
I’m shocked! In other shocking news, there’s gambling in Vegas!
Anonymous says
Honestly, age is just a number whenever you are at the age of 15 and up. You know what’s right from wrong, you actually start to have goals in life and you actually get feelings whenever you have sexual inter courses with either a male or female. I am a male actually and I lost my virgenity at a very young age! I know the girl in this was not in the wrong here because the boy wanted to get “laid” (as they call it now a days) because he is young like I was! Shit like this blows my mind on how we all go crazy about certains ages. Like cmon 15 and 18? Wow 3 years?! Say a new born baby was born, right, 3 years later he/she can’t even do math so I don’t get the point of this whole ideal of you have to be 18 to be an adult! Sorry yall. Just speaking my mind!