Palmerton man sentenced in indecent assault case
A Carbon County man was sentenced to a county prison term on Tuesday on an indecent assault charge and he is facing almost certain deportation.
Rafael Alberto Escobar Garcia, 30, of Palmerton, was sentenced by President Judge Roger N. Nanovic II to serve 3 to 1 day less 24 months in prison with credit for 294 days already served.
Escobar Garcia and Jose Antonio Corripio Martinez, 36, of Jim Thorpe, were both charged by Palmerton police for an incident on Dec. 17, 2016, in an apartment along Delaware Avenue involving a then 18-year-old woman as the victim.
Corripio Martinez also previously pleaded to one count of indecent assault and was sentenced to the same prison term as Escobar Garcia. He also faces deportation.
Arresting officer, Detective Kevin Buck, said that on the morning of Feb. 16, 2016, the victim came to the department to report that she had been sexually assaulted at a party in mid-December. The victim said that she brought food to the party, had a few drinks, and told Corripio Martinez and Escobar-Garcia that she did not feel well.
She said that she went to sleep, but was awakened by the defendants groping her.
Both defendants allegedly proceeded to sexually assault the victim, despite her telling them to stop.
Corripio Martinez and Escobar Garcia were interviewed by Buck, as well as U.S. Immigration and Customs Enforcement deportation officer Ana Sanchez on Feb. 22. The defendants claimed that any sexual acts were consensual.
Attorney Amparito Arriaga, Escobar Garcia’s legal counsel, told Nanovic that it is “extremely likely he will be deported.”
She said her client has been in the United States for the past 15 years, illegally, but working all the time. She said immigration officials have a detainer on him so when his time is served in Carbon he will be immediately turned over to immigration officials.
Through Arriaga, Escobar Garcia told Nanovic, “I have learned a lesson while being incarcerated. I want to apologize to the victim.”
He added, “I will try to be a better person.”
The victim was present in the courtroom but declined to speak. She did speak at the sentencing proceeding of Corripio Martinez.
In addition to the prison term, Nanovic ordered the defendant to get a sexual offenders evaluation and follow any recommendations, supply a DNA sample, get both mental health and drug and alcohol evaluations, pay court costs of about $1,000, pay a $50 per month supervision fee and have no contact with the victim or her family.
The charge falls under the provisions of Megan’s Law meaning Escobar Garcia must register for the next 15 years as a sexual offender.