By Andy Furillo | Sacramento Bee
Sacramento prosecutors think the 11-year sentence a man received Monday for raping his severely disabled stepdaughter was too light, and they hope the case catches the attention of a lawmaker who might want to toughen future terms.
Superior Court Judge Ben Davidian gave Carlos Guadalupe Mesinas every day of the maximum that was available to him, after Deputy District Attorney Amy Holliday explained why 11 years was as much as the law allows…
Mesinas, 27, sat with his right hand shielding his face from media cameras during his sentencing hearing. Jurors convicted him July 22 on a three-count complaint related to the June 14, 2012, rape of the girl with cerebral palsy who cannot speak or walk. She was 14 years old at the time of the offense.
He was arrested after the girl's mother, who had been concerned about Mesinas' admitted infidelities, perused his cellphone and came across a video he made of his sexual attack on the girl…
“Her screams as he raped her are seared into my brain,” Judge Davidian said in court Monday.
Mailyn Chuong, a victim's advocate for the District Attorney's Office, read the girl's mother's impact statement at Mesinas' sentencing…
She said in the statement that Mesinas had been a good provider and helped her care for the disabled daughter. She said the girl loved Mesinas, “enjoyed your voice, enjoyed your company, and did not deserve to be abused by you…I do not know how many times you were capable of abusing my daughter,” she said. “Only God and you know. And since it's something very secret of yours, when you receive your sentence, multiply it by the times you did that to her…”
…victims' advocates and local sexual assault investigators also are trying to raise some money so the girl's mother can buy some “humble, reliable, used transportation” with a wheelchair lift.
The girl is now 16, and she has two younger siblings, ages 3 and 5. The mother works nights selling hot food outside of local nightclubs and then cleaning the clubs afterward, sometimes not getting home to relieve the baby sitter until the sun comes up…
“The defendant was their sole source of income, and now the victim's mother has been forced to support the entire family by herself.”
If ever there was an argument for reforming laws pertaining to child molesters, Carlos Guadalupe Mesinas is the embodiment thereof.
Paco has long advocated indeterminate sentences for molesters who actually penetrate their victims–why one can do more time for lesser crimes is a complete mystery.
Parenthetically, this case comes at a time when the US Attorney General is railing against mandatory minimum sentences. Clearly, 11 years is a slap on the hand given Mesina's crime–yet we may all take solace knowing he wasn't subjected to anything as “draconcian,” to quote AG Holder, as a mandatory minimum sentence. -