Lawyers for Donkey-sex Suspect Challenge Law's Constitutionality

Lawyers representing a Marion County man accused of sexual activity with a miniature donkey have filed a motion asking a judge to declare the Florida statute banning sexual activities with animals unconstitutional.

Carlos R. Romero, 32, declared last week that he wanted to take his case to trial. He is accused of sexual activities involving animals, a first-degree misdemeanor, after he allegedly was found in a compromising position in August with a female miniature donkey named Doodle...

Last week at a brief status conference, Romero confirmed that he wanted to take his case to trial. Jury selection is scheduled to begin Monday.

The attorneys claim that the statute deprives Romero of his "personal liberty and autonomy when it comes to private intimate activities."

"By making sexual conduct with an animal a crime, the statute demeans individuals like Defendant (Romero) by making his private sexual conduct a crime," the attorneys wrote.

As another possible reason for unconstitutionality, the attorneys add that the statute doesn't require that the state prove any harm or injury to the animal "or any proof of the sexual activity being non-consensual."

"Therefore, the only possible rational basis for the statute is a moral objection to sexual acts considered deviant or downright ‘disgusting,'?" they wrote.

Using religion or the overall consensus of the public that sexual activity with an animal is wrong as the basis of a law is unjustified and bars Romero's personal liberties, the attorneys argued.

Read more at OCala.