Sgt. Chuck Mulligan reported to Historic City News that 37 year-old Donald Eugene Rake has been arrested and charged with the use of a child in a sexual performance and possession of marijuana.
Rake, who lives at 4560 Fifth Avenue, St Augustine, and is described as 5’9″ tall, weighing 150 lbs., was discovered with a minor child in his vehicle underneath the State Road 206 Bridge.
According to the incident report, at approximately 9:30 p.m. Monday night, a deputy found him having sex with a 15 year-old girl.
“Both Rake and the girl stated that the sexual relationship was consensual,” said Mulligan, a spokesman for the St. Johns County Sheriff’s Office.
“Of course, statutorily, a 15 year-old is not old enough to consent,” he said.
According to Florida Statutes, a person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree.
In the process of the investigation and Rake’s arrest on child cruely charges, the deputy found a cigarette pack containing marijuana on the floorboard of Rake’s car — resulting in an additional charge of marijuana possession; a first-degree misdemeanor.
Rake was booked in the county jail, just before 1:30 yesterday morning and then released following his first appearance hearing; after posting a $50,200.00 bond.