Paso Robles man gets prison for raping teen who was walking home from Mid-State Fair
A Paso Robles man has been sentenced to six years in state prison after he raped an intoxicated teenager who was walking home from the Mid-State Fair last summer.
On the night of July 21, 2022, a 16-year-old became separated from her friends and was without her phone or wallet when Jose Francis Hernandezgarcia, 26, reportedly found her intoxicated and crying, brought her into his home and raped her, according to a news release from the San Luis Obispo County District Attorney’s Office.
“My heart is broken for this young survivor who has been greatly affected by this violent crime committed against her,” San Luis Obispo County District Attorney Dan Dow said in the release.
Hernandezgarcia was convicted after taking a plea and sentenced to prison for the rape of the intoxicated victim, the release said.
“This crime of rape was a violent act, even though California law does not classify rape of an intoxicated victim as a violent crime and therefore the law, under Prop. 57, allows them to be released early from prison as ‘nonviolent’ offenders,” Dow said in the release.
Only 310 out of 1,000 sexual assaults are reported to law enforcement, meaning two out of three assaults go unreported, according to the U.S. Department of Justice and the Rape, Abuse & Incest National Network.
“We thank her friends and family for promptly assisting her to seek medical attention and to report the crime to law enforcement,” Dow said. “Intoxication by use of alcohol and other drugs can make a potential victim much more vulnerable than when they are sober. We encourage all victims of sexual violence to seek help and report to law enforcement so that we can fulfill our mission to aggressively and fairly prosecute crimes like this committed against vulnerable victims.”
This story was originally published February 6, 2023 at 3:20 PM.
