A Florida man admitted last month that he "couldn't help himself" from sexually assaulting an unconscious married man who passed out during a booze-fueled pool party at a Las Vegas hotel last August, the Smoking Gun reports.
Gustavo Banegas, 22, pleaded guilty to two felony charges connected from the attack, which took place at the MGM Grand Hotel on the Las Vegas Strip.
According to court records the Smoking Gun obtained, Banegas, who was celebrating his birthday with friends and family, and the victim, a Utah man who was on vacation with his wife, both attended the hotel's "Wet Republic" pool party.
A report from the Las Vegas Metropolitan Police Department says Banegas assaulted the victim in a bathroom near the entrance "Wet Republic." Police were called to the MGM after a hotel security guard went to the bathroom and found "a Hispanic Male Adult who appeared to be attempting to have anal sex with an unresponsive White Male Adult."
During police questioning, Banegas, who told police he is gay, said that he found the victim, who was passed out, "sitting on the toilet with his shorts pulled down to his ankles." After lifting the married man off the toilet and putting him on the floor, Banegas told police he "saw the unconscious male's penis and was immediately turned on so he began to masturbate while standing next to the sink."
He added that he was "so turned on sexually he stepped toward the unconscious male and knelt down next to him" and performed oral sex on him for "approximately 10 seconds." Banegas acknowledge what he did was wrong but told police he was "turned on" by the "attractive" victim and "couldn't help himself."
A detective asked Banegas what he would have done if the security guard did not walk in on him in the bathroom, which Banegas thought he locked. Banegas replied that he "would have sucked on the victim's penis for a couple minutes more."
The security guard who walked in on Banegas told police that he found Banegas with his swimsuit his ankles and that he had "a full erection." The guard added that Banegas was "appearing to begin having anal sex" with the victim.
The victim told the authorities a man he did not know entered the bathroom while he was sitting on the toilet and "began making sexual advances towards him." When the man started to stroke his penis, the victim said he pushed the man's hand away. The victim also said he passed out and was "unable to recall any other incidents that took place inside the restroom."
Both men were reportedly heavily drinking hours before the attack.
A criminal complaint states the victim was "mentally or physically incapable of resisting or understanding the nature of Defendant's conduct."
"Wet Republic" is a 54,500-square-foot venue that houses a number of pools, bars, and cabanas. The event is for adults-only, and the popular DJ Tiesto happened to be playing music on the day of the attack.
After pleading guilty to the assault on April 14, Banegas is scheduled to be sentenced in August. He remains free on a $100,000 bail bond.
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