Thread: Child sex assault dilemma

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Child sex assault dilemma

By Jen Scherer
Daily News staff writer
DA explains 6-month sentence for man who impregnated girl, 12

For an adult, impregnating a 12-year-old girl seemingly would be a serious crime likely to draw harsh punishment. In Rock County, though, the crime resulted in a short stint in jail with probation.

According to the court documents, Jose Fernando Cruz, 22, of Schaumburg, Ill. did not deny having sex with the child, admitting to occasions both in Beloit and in Illinois. The girl, who considered Cruz her boyfriend, told police they met at La Movida and had sex for the first time in a car in the parking lot there.

At one point, the girl left her home without permission and was living with Cruz in Illinois for several weeks.

Last month, Judge Michael Byron sentenced Cruz to five years probation with six months in jail for first degree sexual assault of a child. It was an agreement proposed by Assistant District Attorney Mary Fryer.

Cruz will also be a lifetime registrant of the Wisconsin Sex Offender Registry.

“Although that may seem (light), he's also going to be prosecuted by Kane County, Illinois because he took the young lady to his place down there, and they're going to prosecute him as well,” Deputy District Attorney Perry Folts said. “I'm sure he's got more coming his way is what that one boils down to.”

Folts, who has reviewed the file though it was not his case, said their office is also trying to determine if Cruz is a legal immigrant or not. If not, he will likely also be deported. However, there is no federal detainer on him at this point.

Folts said they look at a number of issues when determining appropriate penalties for sexual assault offenses. The obvious things they consider include the nature of the assault and whether it involved touching versus sexual intercourse, the number of times the victim was assaulted, the age difference between victim and offender, and more.

“First degree sexual assault can be touching someone in an intimate part over the clothing, or it can be sexual intercourse, and so none of that conduct is good, but some is obviously worse than the other,” Folts said.

When it was pointed out that the Cruz case appeared to be at the worse end of the scale, Folts said, “I would agree.”

He again reiterated that Kane County has a hold on Cruz and planned to prosecute him upon his release from Rock County Jail in October.

“I'm hopeful that they will follow through and take appropriate action against him,” Folts said.

When asked why the DA's office didn't ask for a tougher sentence against Cruz while they had a chance rather than relying on Kane County to follow through with prosecution, Folts would only say “that's a choice that Mary (Fryer) made in this particular case” and declined to specify the reasoning behind the plea agreement.

He added that judges are always free to impose whatever sentence they feel is appropriate and the judge followed the plea agreement in this case as well.

Byron did not return calls seeking comment.

“I think if you go and look at many of these cases, you'll find out that's not necessarily unusual. I think it's an area where we have been trying to convince the courts that more or stiffer penalties should be imposed,” Folts said. “We've kind of fallen into somewhat of a pattern if you will with probation and some county jail time. In looking at these types of crimes, the conduct involved and the impact it has on the victim, I think it's time we start looking in the other direction and increasing the penalties that are imposed.”

Folts was asked if prosecutors might refuse to plea bargain sex crimes against children.

“That would be nice, but unfortunately, because of the nature of these cases, it's not always possible,” Folts said. “Internally in the office, we're pushing more in that direction, but there are always exceptions to the rule, and there are factual circumstances that come up. We still have to be able to present a case that will convince a jury beyond a reasonable doubt (the suspect did what the victim said).”

Folts said there are sometimes evidentiary problems that have to be dealt with.

It can also still be difficult on a victim to testify in court, and if the victim is not cooperative, it can be difficult to prosecute the case. Folts said for this reason, they do their best to get the victim's cooperation early - and keep it - and to make the process as easy as possible for the victim.

In general with sentencing in sex offender cases, Folts said the DA's office is seeking to protect the public and other children and to send a message to others that if they commit this crime they too will be penalized.

“You do that by a number of the sentencing factors, certainly by punishing the defendant with a penalty that's severe enough that they'll be off the street for a lengthy period of time,” he said.

Also, though he has mixed feelings about whether treatment works, treatment may be appropriate in some cases.

Folts agreed that there seem to be an increasing number of arrests and charges for child sexual assaults in the past few months. One notable pending case involves the alleged gang rape of a 14-year-old girl in Clinton in December of 2005. Five men were charged with the offense, though one of these has absconded.

“I don't have an explanation for (the increase),” Folts said. “Maybe it's just that more of them are being reported.”

Why does this not surprise me

The girl, who considered Cruz her boyfriend, told police they met at La Movida and had sex for the first time in a car in the parking lot there.

Oh this one'll make a good citizen. She'll be spitting out kids like a Pez dispenser. Let's see, I wonder how much this welfare case is going to cost American citizens? This child will be a newly minted American citizen.