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Man gets year for sex with girl, 16
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A 49-year-old man who had sex with a 16-year-old girl will serve a year in jail for the crime and then be deported back to Mexico.
The man, Alejandro Martinez Hernandez, entered a guilty plea before Circuit Court Judge Bart Stanley to the charge of aggravated statutory rape. He was ordered to serve one year of a four-year sentence for the Class D felony. In addition to his jail time, Hernandez must register with the state’s sex offender registry. He will also be deported and face five years in prison if he is caught back in the United States. The charge of rape was dismissed as part of the plea bargain.
The charge to which he entered his plea, aggravated statutory rape, is a charge brought if the adult is more than 10 years the senior of the minor victim. In his case, he was 33 years older.
The resolution of the case comes despite the fact the victim admitted she never actually resisted Hernandez’s advances nor did she ever utter the word “no” to stop him. He came on to the girl after her sister, who he was dating, left the home.
During her testimony, the girl said she was afraid to resist the man’s advances, fearing he would turn violent against her. However, during hearing she admitted she had never seen Hernandez be violent toward her sister or herself.
In the case of statutory rape, a person is guilty of the charge regardless of whether force is used in the perpetration of the crime.