FORSYTH COUNTY, N.C. — A Forsyth County jury found a man guilty on charges that he burst into the home of a family who had hired him to mow the lawn and raped a 12-year-old girl in a dark bathroom, according to the Winston-Salem Journal.
Francisco Marquez Martinez, 39, of Cole Road was found guilty of rape of a child and taking indecent liberties with a child. He also had been charged with sexual offense with a child, but Judge William Z. Wood of Forsyth Superior Court granted a motion by Paul James, Martinez’s attorney, to dismiss that charge because of insufficient evidence.
Wood sentenced Martinez to a minimum of 25 years in prison on the rape charge and a minimum of 16 months on the indecent liberties charge.
The Winston-Salem Journal generally does not identify victims of sexual assault or their families.
The girl, now 14, testified during the trial that Martinez had come to her house about 4 p.m. on June 22, 2012. The girl was there with her younger sister, then 9, and they had fallen asleep watching the Disney channel on television, according to testimony.
Martinez had been scheduled to work the following day, a Saturday, and the girl called her mother, who talked to Martinez. Martinez told the girl’s mother that he could not work Saturday and asked if he could work that day, and the mother agreed.
Later, it began raining and Martinez knocked on the back door and asked the girl if he could come in, the girl said. The girl testified she told Martinez that he had to stand in the covered area outside the kitchen and couldn’t come in. Martinez told the girl that she had a string loose on her clothing and knelt down and touched the girl’s buttocks, the girl testified.
The girl said she ran to her mother’s bedroom, with Martinez chasing her. Once she got in the bedroom, the girl testified, Martinez pinned her to the bed. The girl testified that she pushed Martinez off her and ran into the bathroom. Martinez followed her into the dark bathroom, knocking her into the bathtub, and as she tried to get out of the bathtub, Martinez raped her, the girl said.
Martinez testified that he did not rape the girl or touch her inappropriately, and that the girl had exposed parts of her body to him and had indicated that she wanted to have sex. In a videotaped statement to police, Martinez initially denied the allegations and then said that he and the girl had consensual sex after the girl had come onto him. He also told police that he thought the girl was 17.
When the verdict was read, Martinez appeared to show no emotion. The girl sat with her mother behind Assistant District Attorney Kia Chavious, trembling as she heard the guilty verdicts. Her mother wiped tears from her eyes.