http://www.norwalkadvocate.com/news/loc ... 4706.story
Teen jailed for sexually assaulting 3-year-old
By Zach Lowe
Staff Writer

February 28, 2008

STAMFORD - A 16-year-old city boy will spend five years in prison for sexually assaulting a 3-year-old boy last year.

Axel Escalante, formerly of 135-7 Stillwater Ave., could have received far more prison time if not for a request from the victim's family for a lesser sentence, attorneys said.

Escalante, an immigrant from Guatemala and the youngest of 10 brothers, pleaded guilty to risk of injury to a minor in exchange for a maximum five-year prison term, attorneys said.

The victim's family signed off on the deal in part because they did not want the boy to testify about the assault, said the prosecutor, Assistant State's Attorney Maureen Ornousky.

The victim has had nightmares, and his family is "concerned over how this will affect his development," Ornousky said.

The state also considered Escalante's age and the wish of the victim's family that he receive counseling instead of a lengthy prison stay, Ornousky said.

Escalante was at the victim's home May 7 when he assaulted the boy. Doctors found evidence of sexual penetration, Ornousky said.

Escalante's family was friendly with the victim's family, and it was not unusual for Escalante to visit their home, attorneys said.

Police charged Escalante with first-degree sexual assault. The physical evidence gave prosecutors a strong case against him, Ornousky said.

"If (Escalante) were older, with this kind of evidence, we'd be looking for quite a bit longer of incarceration," Ornousky said.

Escalante's public defender, Susan Hankins, asked the judge for a two-year sentence.

Escalante, who has no record and may face deportation, apologized before Judge Richard Comerford.

"I know the boy has been harmed physically and mentally," he said through a Spanish-language interpreter. "I don't have anything else to say."

Escalante's father, Concepcion, asked for mercy and said none of Escalante's nine brothers had ever been in trouble.

"This is my last son, and I have to accept what he did," Concepcion Escalante said. "I ask forgiveness for what he has done."

Comerford was not swayed.

"You can't have this kind of behavior in civilized society," the judge said before imposing the five-year sentence. "I don't care how old he is."

About a dozen of Escalante's family and friends declined to comment after the hearing at state Superior Court in Stamford. The victim's family also declined to comment.

Escalante will be on probation for 15 years after his release. He must register as a sex offender during his probation, the judge ruled.

Copyright © 2008, Southern Connecticut Newspapers, Inc.



[b this story should be faxed directly to the Guatemalan Consulate in NYC and the Guatemalan Embassy in Washington, DC . [/b]