Life in prison for sex with 13-year-old
January 3, 2011
A 21-year-old Gardnerville man who admitted having sex with a 13-year-old girl was sentenced Monday to life in prison with the possibility of parole after 10 years.
The victim’s mother told District Judge Michael Gibbons that Juan Daniel Martir’s criminal conduct with her daughter had devastating effects.
“I have known Juan Martir since he was a child. He was very good friends with my son who passed away. I thought of him as a son. I trusted him whole-heartedly. I never thought he would do something like this,” the woman said.
Martir was arrested Oct. 20 after he was caught in the 13-year-old’s bedroom by her mother’s roommate. The girl’s mother was on her way home from Arizona to bring her elderly mother back to live with her.
“I know it was premeditated,” she said. “He (Martir) called me to find out when I was leaving, he brought beer and he brought condoms.”
The roommate found Martir exposing himself to the girl in the residence.
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Further investigation turned up evidence that Martir had engaged in sexual activity with the girl. Martir admitted that he had sex with her and knew she was 13.
The woman said she believed Martir had a history of having sex with underage girls, but Gibbons said she was not permitted to introduce the allegations at sentencing.
“He deserves every bit you give him and more,” she said. “He told my daughter her brother would want her to (have sex). It’s an unbelievable feeling that someone you trusted would do that to someone you love.”
The woman said her daughter’s emotional distress would never go away even though she is in counseling and under a doctor’s care.
“She was a normal 13-year-old girl. She liked horses and her friends. Now she doesn’t like anything at all,” the woman said.
The victim told investigators that Martir forced himself on her, an allegation that was verified by her mother.
“My daughter is suffering severely. Everything about her has changed because of you,” she said to Martir.
Gibbons said he was mandated by the Legislature as to the sentence after Martir pleaded guilty to lewdness with a child under 14, a class A felony.
In exchange for Martir’s guilty plea, the district attorney dismissed three felony counts of sexual assault against a child under 14.
Martir was ineligible for probation. He must register as a sex offender and will be under lifetime supervision by parole and probation if he is released from prison.
Martir’s attorney, Tod Young, said the suspect didn’t agree with all the mother’s statements.
“I’m really sorry,” Martir said, turning to face the woman. “I never meant to do it. I knew it was wrong. I wish I could take it all back.”
“You can’t,” the mother replied.
“You guys were like family to me,” he said.
Gibbons said he hoped Martir’s apology was sincere.
“This young lady will deal with this the rest of her life in one way or another. I hope you’re sincere. The apology helps a little,” Gibbons said.
Martir was given credit for 76 days in Douglas County Jail.