Log In


Reset Password

Court rejects appeal in man's incest case

The state Superior Court has rejected the appeal of a Shenandoah man who argued that a judge was wrong to have sentenced him on four counts of incest for repeatedly raping and impregnating a 12-year-old when his crime involved just one family member.

The panel of Superior court judges disagreed."Criminals are not entitled to a volume discount on crime," they wrote.Hector Rico, 35 and an undocumented immigrant, contended that "unlike rape, which is a crime against an individual, the legislature intended the crime of incest to be a crime against the family, which occurs one time when a person engages in prohibited conduct with a family member."Rico further argued that "because the statute criminalizing incest prohibits marriage, cohabitation and/or sexual intercourse with a family member, and marriage and cohabitation indicate a continuing course of conduct over time, the statute is violated just once when an actor engages in any of the three acts with a family member, even if the actor engages in sexual intercourse repeatedly," according to the ruling, which was filed Monday in Schuylkill County.A jury on June 10, 2016, took less than 30 minutes to convict Rico of four counts each of rape of a child and incest of a minor, and one count each of corruption of a minor and endangering the welfare of a child.Judge Jacqueline L. Russell on Sept. 12, 2016, sentenced Rico to five to 10 years on each of four counts of rape; one to two years on each of four counts of incest with a minor, to be served consecutively; and five years of probation on charges of corruption of minors and endangering the welfare of children, a total of up to 48 years.She said Rico, who refused to answer questions in court even though he speaks and understand English, and had an interpreter, expressed no remorse.Rico's lawyer, Kent D. Watkins called Rico "basically a coward" for targeting the child. Rico tried to arrange an abortion when he learned the girl was pregnant.He's currently housed at the state prison in Marienville, Forest County, and faces deportation once he's released.