Lousiana man acquitted of raping a child
A Fayette County jury found a Louisiana man accused of raping a 12-year-old not guilty of all charges on Thursday.
Jimmie Rivero, 31, formerly of Mill Run, was charged with two counts each of rape of a child, statutory sexual assault, aggravated indecent assault, unlawful sexual contact with a minor, indecent assault and corruption of minors in connection with the two separate alleged incidents that occurred sometime between July and September 2012.
In his closing argument, Rivero’s attorney, Assistant Public Defender Benjamin Goodwin, asked the jurors to consider the lack of evidence presented in the case.
For example, he argued, the forensic interviewer at A Child’s Place at Mercy, part of the Pittsburgh Mercy Health System, testified there was no physical evidence of a sexual assault. He said although the doctor qualified her response by adding that in some percentage of sexual assault cases, no physical evidence is discovered.
“I can tell you that in 100% of the cases where there is no evidence, there was no sexual assault,” said Goodwin.
Goodwin suggested that the girl invented the story in order to get out of trouble when her mother discovered a Facebook message in which the girl allegedly said she lost her virginity to Rivero in the summer of 2012.
“This case starts with a posting on Facebook, and not in Jimmie Rivero’s bedroom,” Goodwin said.
Assistant District Attorney Mark Mehalov emphasized the credibility of the alleged victim, who he contended had provided consistent statements, from the initial police interview through her trial testimony.
“The truth is always remembered,” said Mehalov. “A lie changes.”
He also asked why a child who is afraid she will get in trouble for having sex with an older man would risk getting in more trouble by saying it happened more than once.
He told jurors to imagine being 12 years old, and asked, “Are you going to throw gas on a fire by saying it happened twice?”
Mehalov also sought to differentiate between a general charge of rape and rape of a child.
“Basically, if you’re older than 18 and you have sex with someone under 13,” Mehalov said of the difference. Whether or not the defendant used force or the alleged victim consented was irrelevant, he said.
The alleged victim testified on Wednesday that she was sleeping over at Rivero’s house when he came into the bed she was sharing with his 6-year-old daughter for the night.
Rivero told her to take off her pants and underwear, the alleged victim testified, and then he had sex with her. She said Rivero stopped only when the younger child woke up.
The girl, who is now 13, testified that the second incident occurred the next day, during daylight hours. She said she went into Rivero’s apartment to get a drink of water, and he allegedly approached her in the kitchen and told her to go to the bedroom.
She said once they were in the bedroom, Rivero forced her to remove her clothes and pushed her on the bed. She testified he had sex with her again, this time putting on a condom first. The alleged victim said she tried to scream for Rivero’s wife, but Rivero put his hand over her mouth.
The Herald-Standard does not identify victims in alleged sexual crimes.
Following the trial, Mehalov declined to comment on the outcome.
Goodwin said his client was eager to go home to his wife and children in Louisiana, and he thanked the jury for their service.