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Latin America
Women & Children at Risk
 
Title:  Teen Rape Charges Dismissed
 
Publisher:  (c) 2004 San Mateo Daily Journal (California)
Author:  (Michelle Durand
Publish Date:  2004-11-26
http://www.smdailyjournal.org/article.cfm?issue=11-04-04&storyID=36321

Teen rape charges dismissed

By Michelle Durand Daily Journal Staff

Charges were dismissed yesterday against a 47-year-old man accused of impregnating his girlfriend’s 13-year-old daughter because prosecutors cannot prove the forcible rape took place within county borders.

The girl told authorities Miguel Campos Salazar picked her up from her mother’s San Jose home earlier this year and attacked her at a trailer park thought to be in Redwood City. With her memory a bit shoddy, though, the location cannot be proven beyond a reasonable doubt. Prosecutors dismissed the charges based on the jurisdictional uncertainty just shortly before they were scheduled to prove the case’s evidence before Judge Carl Holm.

While the discovery takes the case out of the county’s hands, it does not free Salazar. The case was handed over to the Santa Clara District Attorney’s Office yesterday afternoon for review. San Jose police arrested Salazar at the San Mateo County Jail at 3:57 p.m. yesterday and he was transported to that county’s jail.

Although authorities cannot pinpoint the site of the alleged attack, they can use the San Jose starting point of the mother’s home to establish jurisdiction.

The Santa Clara District Attorney’s Office will decide what, if any, charges against Salazar will stand. While in local custody, he was charged with three felony counts of sexual assault. He pleaded not guilty to forcible rape, committing a lewd act on a child under 14 and committing an act of unlawful sexual intercourse. He is also facing the special allegation of inflicting great bodily injury because of the pregnancy. If convicted of all charges, Salazar faces 11 years in prison.

As first reported in the Daily Journal Oct. 6, Salazar was arrested Oct. 4, two days after the girl gave birth to a baby girl in San Jose via an emergency Caesarian section. The girl claimed not to know she was pregnant and had complained of abdominal pains. She was 30 weeks pregnant and the pains were identified as labor.

DNA tests are being done to confirm the baby’s paternity but prosecutors assume Salazar is the father.

Salazar gave his address at the jail as East Palo Alto. He had been in custody in lieu of $500,000 bail.

 

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.