A 46-year-old man was arrested on Miami Beach on Thursday morning after police say he sexually assaulted a woman near Collins Avenue and 25th Street, then told a detective he did not believe her repeated pleas to stop were sincere. Officers took Adriyel Manzoratte into custody shortly after 11:05 a.m., and he now faces a sexual battery charge.
According to WPLG Local 10, the woman reported that Manzoratte approached her on the beach and sat down next to her after claiming, per the arrest report, that he was wearing only underwear following a theft. The report states she felt bad for him and offered him a towel — a small act of kindness that police say preceded the alleged attack.
Police say Manzoratte then masturbated in front of the woman before making further advances, and he later admitted this to a detective, per the police report. The woman said she told him to stop multiple times, according to the arrest report, before he held her down and sexually assaulted her, per the police report.
Suspect’s Claim Collides With Florida Consent Law
Per the arrest report, Manzoratte told investigators he did not believe the victim was being sincere when she said stop. That assertion runs directly counter to Florida’s statutory definition of consent, which under Florida Statute § 794.011 must be intelligent, knowing, and voluntary — and which explicitly states that a victim’s failure to physically resist does not amount to agreement, according to FindLaw…