A 32-year-old man who Boynton Beach police said raped a 15-year-old girl after giving her alcohol on New Year’s Eve pleaded to lesser charges Monday afternoon.
Fabian Rubio pleaded guilty to one count of battery on a child after initially being charged with sexual battery and contributing to the delinquency of a minor. The state dropped the delinquency charges Monday.
Rubio will be on probation for three years, cannot have contact with the teen involved in the case or any minors and must submit to a substance abuse evaluation. He will not be registered as a sex offender because his charges were reduced.
On Dec. 31, 2015, Rubio and the 15 year old girl were at several parties for New Year’s Eve, according to police. The teen told investigators Rubio gave her tequila and other alcoholic beverages throughout the night. She said later in the night Rubio took off her clothing and forced himself on her as she allegedly said “No, no, no,” according to the police report. When brought in by the police, Rubio admitted he had sex with the girl without a condom but told them he thought she was 17-years-old, not 15-years-old.
Before they reached the plea in the afternoon, both Rubio’s attorney, Marc Shiner, and Assistant State Attorney Justin Hoover went forward with motions Monday morning before Palm Beach Circuit Judge Jack Cox believing they would go to trial.