A 32-year-old Oceanside man was sentenced Wednesday in San Luis Obispo Superior Court to 10 years in state prison after being found guilty this fall of lewd acts against a child.
A jury convicted Jackson Sullivan McGuire in October of three felony counts of lewd acts — kissing the victim’s breasts, oral copulation and digital penetration.
Before the trial, McGuire turned down the prosecution’s plea offer of one year in County Jail, which the victim was willing to support at the time.
Judge Teresa Estrada-Mullaney said McGuire’s actions involved planning and deliberation.
“The defendant denies the allegations and accuses the victim of lying,” Estrada-Mullaney said. “The jury found (the victim) to be truthful.”
The victim, who’s now 18 years old, was between the ages of about 9 and 13 when the crimes occurred.
Two of the incidents occurred in the Oceanside and Carlsbad areas in San Diego County when the victim was about 9 or 10, she recalled.
A third crime occurred in Cambria when the victim — who lives in San Luis Obispo County — was about 12 or 13, according to authorities.
After an initial trial in 2010, a different jury was deadlocked and the case was tried again in October, resulting in the guilty verdict.
Deputy District Attorney Gregory Devitt said in court Wednesday that McGuire blamed the victim for coming on to him, which Devitt called “disgusting.”
“The injuries of sexual assault victims often are unseen and take a lifetime to heal,” Devitt said. “The perpetrator needs to be held accountable.”
Defense attorney Ilan Funke-Bilu said in court that he accepted the jury’s verdict. But he argued for the minimum sentence of three years behind bars.
Funke-Bilu said the victim testified that she wasn’t harmed physically, so McGuire’s penalty should be based on psychological considerations.
Funke-Bilu argued that recent Facebook photos showed her enjoying herself in social situations and dating a man who’s 32 years old with two kids — the same profile as his client.
“She seems to be a well-adjusted, happy young woman,” Funke-Bilu said.
But Estrada-Mullaney rebuked Funke-Bilu for his assessment, saying that the woman’s ability to enjoy herself at a party doesn’t take away the violations she suffered.
Estrada-Mullaney also said that the large number of support letters sent in for McGuire that criticized the victim and her family was “unusual and inappropriate.”
Funke-Bilu asked for McGuire to be placed at the California Men’s Colony to be closer to family members. But Estrada-Mullaney assigned him to serve his sentence in Wasco State Prison near Bakersfield. McGuire also must register as a sex offender.