A Holley man was sentenced to two years in prison Friday after admitting he engaged in sexual intercourse with another person without that person’s consent during a September 2020 incident at Genesee Community College in the Town of Batavia.
The female victim has said that she was incapable of consent due to her level of intoxication, rendering her helpless.
Genesee County Court Judge Melissa L. Cianfrini sentenced Juan M. Mendez, 21, to a determinate sentence of 2 years in prison and 10 years of post-release supervision during his sentencing on Friday morning.
Citing a letter written to probation by Mendez, Judge Cianfrini asked his attorney William Swift if Mendez still accepts the plea to rape 3rd degree. Cianfrini says in the letter the comments made by Mendez did not show he was admitting there was no consent by the victim as she was incapable.
“The comments showed a callousness, and I considered rejecting the plea, you tried to explain away what happened,” Judge Cianfrini said.
Swift affirmed his client accepted the plea and that the victim was incapable of consent.
“In his mind he understands,” Swift said.
The victim in the case addressed the court explaining that she thought she was with a small group of friends that she trusted on Sept. 3, 2020.
“They let me down, I was not conscious when he laid in my bed,” the victim told the court.
Since the incident, the victim says she has suffered from PTSD and is not the same person she once was.
“I have turned cynical, he showed me an evil that has made me sick to my core," she said. "I don’t feel safe at home, and I have trust issues, I am suffering.”
The victim, who said she knew there was a chance some would not believe her, and that the justice system often fails many women, said she decided to take a chance and move forward.
“He knew what he did was rape, but he did it anyway.”
The victim told the court she had a hard time accepting the plea deal that was offered. She addressed Judge Cianfrini directly.
“Judge, you have an opportunity to show that the justice system will not let women down. I’m asking you to bring forth the justice he deserves and sentence him (Mendez) to prison,” the victim said.
Mendez, 21, of Holley, NY, pleaded guilty to rape 3rd degree, a class E felony, this past April in a plea deal. He was originally facing three other charges in the indictment, rape 1st degree, a class B violent felony, sexual abuse 1st degree, a class D violent felony, and sexual abuse 3rd degree, a class B misdemeanor.
Mendez’s attorney requested that the court not sentence him to incarceration, as he is a young man and has pleaded guilty and accepts his responsibility and the consequences, and to consider that he is a father, and has a job, and to not take him away from his family.
Assistant District Attorney Robert Zickl expressed that the victim put forth a strong argument for state prison and requested the maximum sentence.
Judge Cianfrini addressed Mendez before sentencing, referring to letters received from family and friends showing a very family-oriented person.
“You are not the same person in these letters, I do believe she never consented with you, the evidence indicates in no shape or form she was able to communicate. You knew that you barely knew her, and you had no business being in her room. You don’t get it; you do need to be monitored and you need some insight into your actions.”
Mendez was accompanied by his family in court and chose not to speak during his sentencing. Two orders of protection were issued for the victim and one other person who was a witness. Mendez was warned about the use of social media as contact as well. He was handcuffed by NYS Court Officers and transported to the jail. Upon release, Mendez will register as a sex offender.
