Man gets 2 years for 2 sex crimes

Posted: Wednesday, April 10, 2002

A Juneau man who last year sexually assaulted an unconscious woman and sexually abused a 15-year-old girl will spend slightly more than two years in prison for his crimes.

Superior Court Judge Patricia Collins sentenced Saul Toribio, 21, Tuesday to four years in prison with a year and six months suspended and placed him on probation for three years. He received an additional 45 days of time that had been suspended for a previous drunken-driving conviction.

Toribio pleaded guilty to third-degree sexual assault last month stemming from an incident on Sept. 15 and third-degree sexual abuse of a minor stemming from an offense occurring a week later.

Original charges against Toribio included more serious felonies but were reduced as part of a plea agreement with the state.

Assistant District Attorney Kurt Twitty said in court Tuesday that he wanted to see Toribio get the maximum three years allowed by the plea agreement.

"These crimes were almost predatory in nature," said Twitty. "It was almost a scheme to get both females highly intoxicated and then waiting until they were the most vulnerable to have sexual relations with them and take advantage."

In the Sept. 15 incident, Toribio originally was accused of fondling and having sex with an 18-year-old woman after a party while she was passed out. A week later, with charges pending in the sex assault case, Toribio was accused of supplying liquor to a 15-year-old and, once she was drunk, having sex with her.

Toribio's attorney, Diane Foster, said in court Tuesday that there was no evidence Toribio had sex with the woman at the party. Further, she said that he felt sex with the 15-year-old girl was consensual. Toribio also expressed an interest in getting help with his alcohol addiction, she said.

Toribio testified, "I would like to ask for the least amount of time that is fair for me to get. I'm really sorry for what I've done and once I'm released it will never happen again."

Judge Collins said she was hopeful he could be rehabilitated and was encouraged by the letters of support she received from his family who said drinking played a heavy role in his criminal behavior.

"It's important that you recognize you've been given a very big break here," Collins said at the sentencing. "You are getting a very mitigated sentence under the circumstances."

Melanie Plenda can be reached at mplenda@juneauempire.com.



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