Transsexual appeals brothel conviction

A Venezuelan transsexual who was convicted as a man on a charge of helping to run a brothel arrived in the appeal court yesterday as a woman, hoping to have the case dismissed.

When 40-year-old Raul Alvarado was called to the witness box at Cork Circuit Appeals Court, barrister Brian Leahy said: “Mr Alvarado is now Ms Alvarado.”

When the case was before Cork District Court one year ago it emerged that Alvarado was saving for a sex-change operation.

After swearing on the Bible yesterday, the defendant said: “My name now is Melanie.”

Throughout the appeal yesterday, Alvarado was variously referred to as both he and she.

Judge Seán Ó Donnabháin said the defendant was documented as male before the court and he added: “I cannot change people’s gender on the nod or say-so, I need evidence.”

Following that comment, the defendant was referred to as “Mr Alvarado”.

Earlier in the case, the premises out of which Alvarado was working as a prostitute was described as a brothel. The judge said: “I have no idea what a brothel would look like.”

Det Sgt Vincent O’Sullivan said sex toys, bedrooms with darkened windows and red light bulbs, condoms, uniforms, lingerie, and cash sums of €13,000 and £720 were found during a search of the house at 91 Great William O’Brien St, Cork, on Aug 12, 2011.

In reference to the sex toys, the judge said: “We will draw a veil of decency over a description of those.”

Alvarado denied the charge yesterday of willfully being a party to the use of the premises as a brothel on that date. The defendant did not deny working as a prostitute.

Questioned in Aug 2011 about being a male or a female, Alvarado told gardaí: “I am saving money for my operation… I still have a penis and boobies.”

Det Sgt O’Sullivan said Alvarado told gardaí he was on an internet site as Lena, a transsexual, and had worked as a prostitute in Waterford, Limerick, Tralee, and Galway, but had heard that Cork was a good place to work.

Det Sgt O’Sullivan said Alvarado was answering the phone for clients of herself and other prostitutes and had assisted in the purchase of two beds for the premises.

The detective said the defendant initially gave an undertaking to stop working as a prostitute in the house, but that it was clear two weeks later, on Aug 12, that it was operating as a brothel again.

Alvarado claimed not to have answered the phone for other prostitutes and to have only acted as a translator for another woman whose English was very poor when that woman was buying the beds.

A three-month suspended sentence and a €500 fine was under appeal yesterday.

Judge Ó Donnabháin said that in view of what he described as the flagrant attitude to the court, he was dismissing the appeal and removing the suspension on the three-month term.

Following submissions from Mr Leahy, the judge agreed to put the appeal back to October to see how Alvarado would behave, but warned that the prison sentence would be imposed if there were any further difficulties.