Thread: Wisconsin: Man who had sex with mentally disabled teen gets

Man who had sex with mentally disabled teen gets 1 1/2 years




Associated Press - May 3, 2008 5:05 PM ET

SHEBOYGAN, Wis. (AP) - A Sheboygan man who admitted having sex with a mentally disabled teen has been sentenced to 1 1/2 years in prison.

Forty-4-year-old Juan Aguilar pleaded no contest in February to charges of exposing himself to a child and causing a child to view pornography.

The girl is 17, but court records say she has the mental capacity of a third- or fourth-grader.

Defense attorney Thomas Gerleman had asked the judge to sentence Aguilar to probation only. He said Aguilar had no criminal history and worked to send money to his family in Mexico.

Assistant district attorney Jim Haasch recommended two years in prison, saying the offense was too serious for just probation.

Sheboygan County Circuit Judge James Bolgert says he considered both Aguilar's character and the girl's condition when he levied the sentence.

The judge noted that Aguilar is an illegal immigrant who's expected to be deported at the end of his prison sentence.

http://wkbt.com/Global/story.asp?S=8266323

Defense attorney Thomas Gerleman had asked the judge to sentence Aguilar to probation only. He said Aguilar had no criminal history and worked to send money to his family in Mexico.

Working and sending money remittances home are not a legal defense to negate criminal behavior.
Sending money home does not make a saint out of a sinner.

"Evil unchecked grows. Evil tolerated poisons the whole system."
Jawaharlal Nehru

A Sheboygan man who admitted having sex with a mentally disabled teen has been sentenced to 1 1/2 years in prison.

Forty-4-year-old Juan Aguilar pleaded no contest in February to charges of exposing himself to a child and causing a child to view pornography.

They refer to the teen as a child, yet Aguilar was not charged with rape. For goodness sake, the girl had the mind of a 4 year old. I'm betting there was a plea deal here, and that is why Aguilar pleaded no contest to exposing himself and forcing the girl to view pornographic materials.

You're right MW, he took a deal for the lesser charge.

Dixie

He said Aguilar had no criminal history and worked to send money to his family in Mexico.

Of course he has a criminal history - breaking and entering our country, most likely ID theft as well.

BLOOD BOILING ALERT!!!! :

This girl is a minor in which she did not have the legal ability to give consent, nor did she have the mental capacity to give consent because of her condition! This is rape anyway you choose to view it and yet this guy was allowed to plead down to some bs charge of exposing himself to a minor and causing a minor to view pornography.

I bet the sentence he received was not even is not the max under the charges he was allowed to plead down to.

Posted May 3, 2008

City man gets 18 months for sex with disabled teen

By Eric Litke

A 44-year-old Sheboygan man who admitted having sex with a mentally disabled teen was sentenced Friday to 18 months in prison after confessing his love for the girl while asking the judge for leniency.


Juan Aguilar, an illegal immigrant who had been living at 1523 Indiana Ave., met the girl at a Laundromat near his home, according to a criminal complaint. The girl is a 17-year-old with the mental capacity of a third- or fourth-grader, court records show.


Aguilar told Judge James Bolgert that the girl loved him, came to visit him on her own free will and consented to the sexual contact.


"I never abused her. I always took care of her. I don't want to cause her harm," Aguilar said in a written statement read by an interpreter. "I would like to ask you to give me the smallest punishment, because I never abused the miss. … She would come to my house every day to eat. We didn't always have sex. I took care of her."


Aguilar's attorney Thomas Gerleman, asked Bolgert to sentence Aguilar to probation only, and Assistant District Attorney Jim Haasch recommended two years in prison. Aguilar faced a maximum of 36 years behind bars after pleading no contest to two felony counts each of child enticement and causing a child to view sexual activity under a plea agreement that dismissed 10 misdemeanor offenses.


Aguilar told police he and the girl watched pornography together on at least two occasions, the complaint said.


Gerleman urged Bolgert to be lenient — pointing out Aguilar has no criminal history and worked to send money to his family in Mexico — but Haasch said such factors do not alter the seriousness of the offense.


"Society and its representatives have determined that crimes against children … are extremely serious," Haasch said. "The defendant certainly knew, or should have known, of the limited capacity of (the victim). That I think compounds the charges."


According to the complaint, Aguilar brought the girl to his house on several occasions, having sex at least five times between Oct. 1 and Dec. 1,


The girl told police that Aguilar bought her soda and candy after the two met at The Wash House, 1602 Indiana Ave., and gave her a diamond necklace for her birthday, the complaint said. Aguilar said the girl performed a variety of sex acts, according to the complaint.


The sexual contact was reported by a guidance counselor at a city school.


The victim's mother was in the courtroom for Aguilar's sentencing but did not testify. Haasch said she told him the girl is struggling to cope with the situation.


"The scars, the difficulties, the trauma, the anxiety that the victim faces are lifelong," Haasch said.


Bolgert said he considered Aguilar's character in sentencing, but also took into account the girl's condition. Aguilar's expected deportation at the end of his prison sentence was also a factor, the judge said.


Bolgert said Aguilar, after leaving prison, will be held for several months in a deportation center in Illinois and then sent back to Mexico. He will not serve the two years extended supervision imposed by Bolgert.

Reach Eric Litke at (920) 453
http://www.sheboygan-press.com/apps/pbc ... 62/SHEnews