Rosales Receives 16 Years In Prison For Rape, Intimidation
June 19, 2023 at 11:56 p.m.
Rosales Receives 16 Years In Prison For Rape, Intimidation
By Liz Shepherd-
Hector Rosales, also known as Ector Joel Rosales Miralda, 19, Warsaw, was found guilty in a May jury trial of rape, a level 3 felony; and intimidation, a level 6 felony. The jury found him not guilty of strangulation, battery resulting in moderate bodily injury and a second count of rape.
Rosales was sentenced in Kosciusko Superior Court I on Monday.
For rape, Kosciusko Superior Court I Judge Karin McGrath sentenced Rosales to 14 years in the Indiana Department of Correction. He also received a two-year DOC sentence for intimidation. Both counts will be served consecutively.
Rosales has 289 days of jail time credit. A no-contact order between Rosales and the victim remains in effect, and Rosales must register as a sex offender.
When asked if he intends to file an appeal, Rosales indicated his plans to do so.
At sentencing, Deputy Prosecuting Attorney Joseph Sobek read a statement from the victim, who was present in court alongside their family.
"June 26, 2022, will mark my life forever," the victim said in their statement. "Hector Rosales killed my joy in living, my will to live. I ended a relationship with a good person because I felt dirty and embarrassed ... I am terrified to go out alone. I cannot understand why he did this to me. Hector, whatever sentence you receive won't ever compensate for the damage you caused me and what I have to live with for the rest of my life."
Defense attorney Jay Rigdon argued against the county probation department's recommendation of a 16-year sentence, stating a pending misdemeanor case Rosales has for possessing alcohol as a minor was being used against him.
"All of these things are not true," said Rosales in court. "What happened that day was because (the victim) wanted it to happen."
Rosales also mentioned having consensual sex with the victim prior to the rape.
McGrath noted in Rosales' pre-sentence investigation report that Rosales described his incarceration as an "injustice" and that he argued the victim was fabricating a motive against him in order to "acquire American papers."
"Injustice is you threatening to kill (the victim)," said McGrath. "Injustice is you forcing yourself upon (the victim). You blame them for your situation. That is injustice."
On June 26, 2022, Warsaw Police officers responded to a rape report. Officers determined the victim only spoke and understood Spanish. First responders used a Language Line translation service to communicate with them.
According to court documents, the victim said they were asleep in a bedroom when they heard a knock on their door. They told officers they did not respond to the knock and instead went to use the bathroom. Rosales was in their room when they returned.
The victim tried to get Rosales to leave, but he would not do so until they sat down on their bed and gave him a hug. After the hug, Rosales pushed the person onto the bed and forcibly had sexual intercourse with them.
During the assault, Rosales got sick, allowing the victim to grab their phone and call for help. A sexual assault kit was completed on the victim.
Rosales admitted to being in the person's room but claimed that when he knocked, the victim opened the bedroom door and let him in. He said the two of them made out but that he blacked out and could not remember anything else. Later in the interview, Rosales said at some point, their clothes were off and they were having sex. He then said later on, the victim noticed he was drunk and asked him to stop. Rosales stopped, grabbed his clothes and left the room.
When asked how much alcohol he consumed, Rosales said he drank a quarter bottle of Hennessy, a brand of cognac that is 40% alcohol by volume, and 10 beers.
Hector Rosales, also known as Ector Joel Rosales Miralda, 19, Warsaw, was found guilty in a May jury trial of rape, a level 3 felony; and intimidation, a level 6 felony. The jury found him not guilty of strangulation, battery resulting in moderate bodily injury and a second count of rape.
Rosales was sentenced in Kosciusko Superior Court I on Monday.
For rape, Kosciusko Superior Court I Judge Karin McGrath sentenced Rosales to 14 years in the Indiana Department of Correction. He also received a two-year DOC sentence for intimidation. Both counts will be served consecutively.
Rosales has 289 days of jail time credit. A no-contact order between Rosales and the victim remains in effect, and Rosales must register as a sex offender.
When asked if he intends to file an appeal, Rosales indicated his plans to do so.
At sentencing, Deputy Prosecuting Attorney Joseph Sobek read a statement from the victim, who was present in court alongside their family.
"June 26, 2022, will mark my life forever," the victim said in their statement. "Hector Rosales killed my joy in living, my will to live. I ended a relationship with a good person because I felt dirty and embarrassed ... I am terrified to go out alone. I cannot understand why he did this to me. Hector, whatever sentence you receive won't ever compensate for the damage you caused me and what I have to live with for the rest of my life."
Defense attorney Jay Rigdon argued against the county probation department's recommendation of a 16-year sentence, stating a pending misdemeanor case Rosales has for possessing alcohol as a minor was being used against him.
"All of these things are not true," said Rosales in court. "What happened that day was because (the victim) wanted it to happen."
Rosales also mentioned having consensual sex with the victim prior to the rape.
McGrath noted in Rosales' pre-sentence investigation report that Rosales described his incarceration as an "injustice" and that he argued the victim was fabricating a motive against him in order to "acquire American papers."
"Injustice is you threatening to kill (the victim)," said McGrath. "Injustice is you forcing yourself upon (the victim). You blame them for your situation. That is injustice."
On June 26, 2022, Warsaw Police officers responded to a rape report. Officers determined the victim only spoke and understood Spanish. First responders used a Language Line translation service to communicate with them.
According to court documents, the victim said they were asleep in a bedroom when they heard a knock on their door. They told officers they did not respond to the knock and instead went to use the bathroom. Rosales was in their room when they returned.
The victim tried to get Rosales to leave, but he would not do so until they sat down on their bed and gave him a hug. After the hug, Rosales pushed the person onto the bed and forcibly had sexual intercourse with them.
During the assault, Rosales got sick, allowing the victim to grab their phone and call for help. A sexual assault kit was completed on the victim.
Rosales admitted to being in the person's room but claimed that when he knocked, the victim opened the bedroom door and let him in. He said the two of them made out but that he blacked out and could not remember anything else. Later in the interview, Rosales said at some point, their clothes were off and they were having sex. He then said later on, the victim noticed he was drunk and asked him to stop. Rosales stopped, grabbed his clothes and left the room.
When asked how much alcohol he consumed, Rosales said he drank a quarter bottle of Hennessy, a brand of cognac that is 40% alcohol by volume, and 10 beers.
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