Jose Francisco Barajas-Ramirez, in custody, appeared for sentencing in the 10th Judicial District Court on Tuesday, August 15, on the Category B Felony of Attempt to Commit Sexual Assault, which carries a mandatory sentence of 2 to 10 years in prison. Senior Deputy District Attorney Chelsea Sanford told the court, “This type of behavior cannot be tolerated in Churchill County. A married 22-year-old man cannot approach a 14-year-old and initiate a sexual relationship.”
Sanford continued, “You can see she did not want a romantic relationship, nor can a 14-year-old be involved in a romantic relationship of this magnitude.” Sanford reported that the defendant got the victim in his car with a story, drove out in the country, and had sex with her. “There was no misunderstanding of love. The victim made it very clear she did not want to be pursued,” said Sandford. “The victim informed the defendant of her age, he continued to pursue her. A child was produced from this act.” Sanford said that the victim’s childhood was taken away from her and asked the court to sentence Barajas-Ramirez to 24-120 months in prison “as a message to the defendant that this type of behavior is not appropriate; it is not acceptable.”
Churchill County Public Defender Jacob Sommer told the court that the relationship was “factually consensual,” which differs from “legally consensual.” Sommers explained that the defendant left Fallon because he had a job in California, where he had primarily been until he was located and arrested on a warrant for this charge. According to Sommer, the offense occurred nine years ago. At the time, Barajas-Ramirez did not speak or read English and was on a work visa in Nevada. In his small Central Mexico community, relationships such as this one were not outside the expected behavior. Sommer said there are several countries where the legal age of consent is 14 or even younger, “This context allows us to understand that a young man of 22 years old who didn’t speak English wasn’t necessarily acting too far off the normal range of behavior for what he knew to be life as it existed for him since his birth.”
Sommer said Barajas-Ramirez has no prior criminal history, is a hard worker, and for at least a year, paid close to $1,000 a month to the victim in child support. Sommer stated, “Mr. Barajas-Ramirez is not a rapist. He is not a risk to our community. He made a decision that was ill-advised and illegal, but it wasn’t because he had a bad mind and intended to harm someone.” Pointing out that his client will spend the rest of his life under supervision and registered as a sex offender, Sommer asked the court to consider a sentence of 2- 8 years.
Speaking through an interpreter, Barajas-Ramirez apologized, saying, “We were boyfriend and girlfriend. We loved each other.” He told the court he has two children, ages 6 and 7, “They are going to be left alone here; I am going to be deported to Mexico. They are small.” He stated, “I regret to have done this.”
Barajas-Ramirez was ordered to pay restitution of $2,225 for extradition costs. The defendant was sentenced to 24-96 months in prison, lifetime supervision, and must register as a sex offender upon release.
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