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SAN JUAN COUNTY JUVENILE COURT |
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Email this page to a friend Related pagesSecond teen found guilty of three counts of rape Prosecutor Office press release: Second rape case ends with five guilty verdicts | |
Ausilio sentenced to 8-10 months in juvenile facilityposted 12/16/03
Quoting from In the Hands of the People by Judge William L. Dwyer, Judge Hancock said, "A trial is a ceremony, a ritual and an exorcism." He said, "I hope this trial and all of the other proceedings have been an exorcism of the injustice Ausilio has wrought." The sentence of 30 to 40 weeks for the second-degree rape and 30 days for the third-degree rape are in the standard range. Ausilio was tried as a juvenile even though he turned 18 in Sept. 2003. The judge, defense attorney and prosecutor agreed trying him as a juvenile provided appropriate punishment and treatment options. Ausilio could be released after 34 weeks with good behavior. He will be given credit for 61 days served since the verdict was issued in Oct. 2003. He will be on probation until he is 21. He will have to register as a sex offender for the rest of his life. He cannot own or bear firearms. Since he was convicted of a felony in juvenile court rather than adult court, he will not lose his right to vote. He cannot have contact with the victims and is not to attend the same school as the victims or their siblings. He will write letters of apology to his victims. Juvenile officers will oversee the letters. Before the sentence was announced, the judge noted he had read all of the letters sent in by friends and relatives of either the victims or the defendant. Two of the mothers of girls who testified in the trial and from Ausilio's mother, Michelle Melborne spoke before the sentence was issued. One mother said her daughter's lost her virginity as a result of the rape. The other mother said she was present at his 16th birthday party where his family mentioned a contest he was in with another boy. According to her, the goal of the contest was to see "how many virgins he and another boy could bag." Melborne spoke about her son's nine months of sobriety and the important role he played in his family. He is the oldest of six children. "I can honestly tell you, right now I am more proud of my son than I have ever been," she said. "He is a good son. He feels bad. I love him very much." After apologizing to his victims and their families Ausilio said, "I love my family more than anything. My most important goal is to be there for my family. All my entire life with my mom, she has been by my side and always believed in me. I cannot take back what has happened or the pain I've caused. My life has not been easy, but I have not made it easier on myself. I want to grow and change and better my life for adulthood and everyone around me." "I hope everyone has learned lessons of one kind or another from this case," Hancock said. "It is a sad commentary that nothing was reported about them because of the code of silence and embarrassment the victims felt. I truly do hope that everyone look himself or herself in mirror so we see that things like this don’t happen again." "Perhaps there are some in this community who think he shouldn’t have been convicted because drinking was involved. That anyone would think that is a sad commentary on the depths to which some have sunk. It is a sad commentary that the victims feel conflicted on what happened. I hope this case serves in some ways to break down barriers which help to victimize young people," Hancock said. "I am glad Mr. Ausilio has expressed regret. He will have time to reflect. There are redeeming qualities Mr. Ausilio has. I believe he will respond positively." The fact that the crimes were committed against friends points up the seriousness of date or acquaintance rape, Hancock said. "I am pleased to see these matters have been prosecuted as they have by the prosecutor's office and the San Juan County Sheriff's Dept. A restitution hearing will be held at 10:30 a.m. Jan. 26, 2003. Teen found guilty of two counts of rape | |
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updated 10/16/03 posted 10/15/03
Ausilio was taken into custody and will remain in jail until disposition (sentencing) on the charges, per state law regarding juveniles convicted of second-degree rape. While Ausilio turned 18 in September, the prosecutors asked to try him as a juvenile because doing so opened up more treatment options. The 10-day bench trial included testimony from the defendant, the victims, a school counselor, a doctor, high school classmates and the mothers of the victims. The defendant's grandmother and mother also testified. Defense attorney Paula Plumer argued the cases were brought forth because the victims had regrets after having sex. At several points in the trial, Plumer implied the victims were to blame for the incidents. "No means no," Judge Hancock said. "The girls acknowledged they did not use good judgment (referring to drinking alcohol)." They put themselves in a risky position, but that does not mean they are responsible for what happened, he said. Deputy Prosecutor Charlie Silverman said the defendant and another 18-year-old man who will be tried later this month, planned the sexual assaults on the two girls. The "code of silence" that exists in the high school culture contributed to the situation, he said. Referring to the victims, Silverman said, "They all made poor choices. They all engaged in risky behavior (drinking), but they did it with people they grew up with. People they trusted." The two boys "exploited that trust and the culture of the school. The boys calculated correctly and got away with it for two years. Only after they humiliated a girl everyone loved and respected, did the girls finally say enough is enough is enough." During the trial, the difficulties the girls faced among their peers after "breaking the code of silence and rocking the boat" were discussed. The fact that the girls would risk the ostracism led credence to their claims, according to the prosecutor. Ausilio faced three charges of rape. He was found not guilty of one count of third-degree rape. Hancock said he was not ruling non-consensual sexual intercourse had not taken place in that case. He was ruling the state had not proven so beyond a reasonable doubt. |
CHARGES:Count I: Second-degree rape by forcible compulsion and/or with a victim who was incapable of consent by being physically helpless and/or mentally incapcitated. The defendant and another boy (to be tried separately) allegedly provided alcoholic beverages to a girl in the summer of 2001. According to court documents the girl passed out and when she came to the defendant was sexually assaulting her. A friend of the girl saw what was happening and went to the other boy for help, according to court documents. Instead of helping, the second boy tried to sexually assault the victim, the friend said. This is a Class A felony, punishable by 30 to 40 weeks of confinement. Count II: Rape in the third-degree. The charge stems from an incident involving another victim in June of 2002. This is a Class C felony with a standard range of up to 12 months of community supervision, up to 150 hours of community service, $500 fine and 0 to 30 days of confinement. Count III: Rape in the third degree. The defendant is accused of engaging in sexual intercourse with a person who did not in actual words or conduct clearly and freely indicate agreement. The victim was given alcohol and assaulted by two boys in March of 2003, according to charging documents. This is a Class C felony with a standard range of up to 12 months of community supervision, up to 150 hours of community service, $500 fine and 0 to 30 days of confinement. |
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The second-degree rape charge related to a Sept. 8, 2001 incident. The girl was at a party at the second boy's house. She played a drinking game with the second boy in which he was likely to win, according to the prosecution. As a result of losing she consumed six to seven shots of vodka. Hancock ruled the 15-year-old victim was "extremely intoxicated." He said the evidence showed she was assaulted by the defendant while she was "both mentally incapacitated and physically helpless because of her extreme state of intoxication." Second-degree rape is a Class A felony, punishable by 30 to 40 weeks of confinement. The guilty verdict on the third-degree rape charge stemmed from a March 4, 2003 incident. Silverman said the two boys planned their assault on their friend. They served her a drink with a triple shot of alcohol, played drinking games she was bound to lose and then sexually assaulted her. Hancock found a lack of consent was clearly expressed. No date has been set yet for the disposition hearing. DEFINITIONS OF RAPE
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