The 15-year-old boy arrested earlier this week for allegedly raping a San Luis Obispo woman is being charged for that crime as an adult in what authorities say is an “extremely rare” case locally.
Oillie Rayshawn Tinoco, 15, was arrested Sunday by San Luis Obispo detectives and is suspected of breaking into a home off Murray and Casa streets near Cal Poly on Friday and sexually assaulting a 19-year-old woman who lives there.
He is also thought to be connected to six residential burglaries since August — two of which occurred Sunday. In one of them, a man was attacked but fought off the assailant. Those charges will be prosecuted in the juvenile court system.
In 2000, California voters passed Proposition 21, which mandates that youths 14 and older be tried as adults for charges of murder and/or specified sex crimes, such as rape. The burglary charges do not fall under the proposition.
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“When San Luis Obispo police presented the case to us, we reviewed the proposition and made the determination that it (the alleged rape) fell into the mandatory filing as an adult for sex offenses,” said Chief Deputy District Attorney Jerret Gran. “We have no other choice but to file the other offenses, which do not fall under the same guidelines, in the juvenile court system.”
Gran said Tinoco will be arraigned Monday in San Luis Obispo Superior Court on three charges: rape, forcible oral copulation and penetration by a foreign object with force. Enhancements include being engaged in a residential burglary and kidnapping.
Because he is being charged as an adult, if found guilty, Tinoco faces a different punishment than he would have had he been charged as a juvenile.
Youths can only be detained by the California Youth Authority until they are 25 years old, even if their sentence exceeds that, Gran said.
In this case, if Tinoco’s sentence kept him in custody beyond that age, he would be transferred to a state prison to serve the remaining part of the sentence.
Tinoco is also suspected of violating probation in Los Angeles County.
Gran would not comment on any previous criminal history because Tinoco is a juvenile.
Investigators say that the teenager does not have a permanent residence in the area but was “couch surfing” at various friends’ houses for the past several weeks.
He is being held without bail at the county Juvenile Services Center.