Man admits to second-degree rape in Batavia
Submitted by Howard Owens on September 18, 2012 - 9:38pm
A 22-year-old man admitted in Genesee County Court today to illegal sexual intercourse with a girl age 15 years of age or younger.
Jonathan Garcia entered a guilty plea to rape in the second degree with no sentence cap in satisfaction of charges that also included rape in the first degree (forcible rape) and sexual abuse.
Garcia faces a sentence of up to seven years in prison and will be sentenced Nov. 15.
When Garcia was asked to admit to factual allegations by Judge Robert C. Noonan, Garcia balked admitting to sexual intercourse on May 16.
"I was there, but there are witnesses who were there who said I didn't do it," Garcia said.
Under questioning, however, Garcia admitted to sexual intercourse with the girl at another, unspecified, time.
District Attorney Lawrence Friedman suggested the charging document be amended to cover the time frame of May through June rather than specifically May 16.
The crime took place in the City of Batavia.