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May 21, 2007  Miami, FL: Former Miami City Attorney Barry Kutun won’t be forced to live under The Julia Tuttle Causeway. He won’t be required to register as a sex offender, wear a GPS tracking device, nor will his neighbors be notified of his presence at work or in the community. Apparently, that treatment is reserved only for us “common folk. 

Mr. Kutun (above right) was alleged to have paid to have sex at least eight times with an underage prostitute and somebody took pictures. Instead of being held to a higher (or at the very least equal) standard as a member of public office, Kutun, age 65, was allowed to plead guilty to one single count of child abuse, with no sexual designation whatsoever. A super sweet plea deal that amounts to a mere slap on the wrist considering the allegations against him. The only other man in Florida who has been anywhere near that lucky is disgraced former Republican Congressman Mark Foley. 

The underage prostitute had sex with Mr. Kutun about eight times according to affidavits. The minor was only 16 years old. Kutun maintains that he did not know that he was having sex with a girl who was under the age of consent. The legal age of consent in Florida is 18. In most states, engaging in sexual intercourse with a person under the lawful age of consent constitutes a violation of law regardless of your belief as to the person’s age. Florida has clearly defined their stance on this matter in their criminal code.

 

 According to the Florida Revised Statutes:

794.21           Ignorance or belief as to victim's age no defense.--When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0794/SEC021.HTM&Title=->2006->Ch0794->Section%20021#0794.021

Most astounding of all is Mr. Kutun’s attorney, Mr. Richard Sharpstein’s assertions that there was ``no victim in this case.''  I beg to differ, the entire community has been victimized as a result of the gross injustice handed down here.  

 

Kutun’s improprieties also became the focus of an extortion attempt by a man named John Valenza. Mr.Valenza was paid at least $2,000 in hush money to keep the crime from being exposed. Somehow I doubt Mr. Valenza will get as sweet a deal as Mr. Kutun did. Time will tell.

 

 

 Under other provisions of Mr. Kutun’s plea deal, he cannot have contact with minors. He is allowed an exception for that too though, his grandchildren. He will be on probation for five years and must attend a sex offender treatment program. The judge also ordered him to make a $1,000 donation to Kristi House, a facility for children who have suffered sexual abuse. Nice touch. 

 

Kutun, is married, and a former state representative who once ran for mayor of Miami Beach. He has declined all interviews as of this writing.

 

operationawareness.com

5/21/2007  

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