Florida Rep. Fabian Basabe under investigation over 2003 sexual assault claim

Editor’s note: This article has been updated to include additional information provided by the attorney representing the men suing Basabe.

Florida Rep. Fabian Basabe is under investigation over a man's claims that the lawmaker drugged and raped him more than 20 years ago.

The Los Angeles County Sheriff’s Department told NBC6 it is investigating the alleged incident involving the lawmaker.

The allegations are detailed: A man claimed in 2003 when he was about 23 years old, Basabe gave him a "vodka orange juice in a red solo cup" and believes he drugged and later sexually assaulted him at a condo in Malibu, according to a sworn statement provided to an attorney, and first reported by the Miami Herald.

The man – whose name has not been made public as an alleged victim of sexual assault – says in a statement obtained by NBC6 that he told only his sister and his boss someone assaulted him at the time, but was ashamed and did not report the incident to police until last month.

A spokesperson for the Los Angeles County Sheriff’s Department told NBC6 their special victim's bureau has an active investigation involving Basabe.

This week, Basabe shared a video condemning the accusations against him.

“I would like to address false allegations that have been manufactured against me solely for political purposes," he says in the video.

Basabe also sent NBC6 a statement, writing in part:

“The timing of these baseless accusations speaks louder about this paper’s desire to influence your vote than any statement I can make. And let’s not ignore the fact that I am put under attack less than two weeks to Election Day is revolting and MUST be taken into consideration."

He went on to say:

"Being tone deaf to the repercussions of false accusations, of any kind, must become prosecutable beyond slander. Freedom of expression carries the highest culpability when the life of a human being is under harm and, by extension, the lives of those around him - in my case my son, my wife, my family. Shame on all those who continue this narrative.”

The man, who says he is straight, is now 45. He said in the statement he felt compelled to come forward after learning Basabe is now an elected official. He said his reason for speaking now is to hold Basabe accountable.

The accuser provided the sworn statement earlier this month to attorney Cindy Myers, who is representing two of Basabe’s former staffers in an ongoing lawsuit accusing the legislator of sexual harassment. Basabe denied these claims and pointed to a House of Representatives investigation that cleared him of wrongdoing.

Myers disputes the House findings, noting her clients Nicolas Frevola and Jacob Cutbirth are also suing the Florida House of Representatives, in part, over the handling of the investigation, claiming in their complaint the House release “false and misleading defamatory reports” about the staffers to “protect Basabe,” and “failed to exclude key evidence.”

“These accusations being raised against him are being raised because they are true,” Myers said of Basabe. “We hope that other victims who may be out there, will speak out and seek help if they have suffered the same sort of injury from Mr. Basabe.”

Basabe also provided NBC6 with a statement from his attorney, Gus Harper:

“As a third-generation attorney, it pains me to witness the unfortunate evolution unfolding within the practice of law and jurisprudence.  Gone are the days in which individuals were afforded protections from 20-year-old, unproven, and unsubstantiated allegations.  Gone are the days in which truth, veracity, and due process served to form the basis of public opinion and proof.  Gone are the days in which actual proof of guilt is required, and gone are the days in which a court of law decides truth from fiction. 

In these unfortunate times, the court of public opinion decides guilt versus innocence, and this particular court is extremely quick to convict.  For reasons unknown, the public no longer seems to require actual evidence or proof to so convict.  Allegations have become absolute truths, and evidence and proof has been replaced with attention-grabbing headlines and salacious allegations. 

This phenomenon has not gone unnoticed.  Certain savvy individuals, both private citizens and attorney alike, have found a way to weaponize and monetize the passing of time.  Proving (or disproving) something that allegedly occurred more than 20 years presents a number of inherent difficulties.  Witnesses move and pass away, people change, and memories fade. Fortunately, however, the truth never does.  The truth does not change with the passing of time.  That which was true 20 years ago remains true today.  

The truth is that Representative Fabian Basabe has never sexually battered anyone and never would. These allegations are intended to leverage some benefit out of Mr. Basabe and to otherwise frustrate the outcome of his upcoming election.  Representative Basabe looks forward to clearing his name and in a court of law at the appropriate time.”

Basabe referred to his video message as a verbal contract, and said, "Should any of these allegations ever be proven true against me at any point in the future, I would resign on the spot and be held accountable."

The man accusing Basabe stated he is not doing this for money.

“I am not trying to sue him. I’m not trying to shake this guy down for any personal benefit…I am scared that there are probably other people out there that this has happened to," he said.

The sheriff’s department in Los Angeles said when their investigation is completed, the case will be presented to the district attorney’s office for review.

Basabe has not faced any charges in connection to the other cases.