Man guilty of having sex with a 14-year-old

A Vermont judge sentenced a New Hampshire man to a 31-month prison sentence for having nonconsensual sex with a Springfield 14-year-old minor in September 2012.

http://eagletimes.villagesoup.com/p/judge-charlestown-man-guilty-of-having-sex-with-14-year-old/1160808

Judge: Charlestown man guilty of having sex with 14-year-old By CHRIS GAROFOLO | Apr 02, 2014 Eagle-Times 0 WHITE RIVER JUNCTION, VT. — A Vermont judge sentenced a New Hampshire man to a 31-month prison sentence for having nonconsensual sex with a 14-year-old minor in September 2012. Kyle Stevens, 24, of Charlestown, N.H., entered a guilty plea Tuesday to a felony count of lewd & lascivious conduct with a child and will serve slightly more than a year behind bars as part of his agreement since he was credited for 17 months. While the sentence ordered by Judge Karen Carroll of five-to-15 years was all suspended except 31 months, he was given credit for more than half of that time and will remain incarcerated for 14 months. Stevens also had a felony count of sexual assault dismissed by the state through the plea bargain. According to court documents, Stevens engaged in a nonconsensual sexual act with a then 14-year-old female in September 2012 at a River Street residence in Springfield. Police became aware of the incident after the juvenile — the Eagle Times does not identify victims of sexual assault — spoke with a guidance counselor at Springfield High School and reported Stevens “had molested her” and “basically raped me” after she attempted to stop his advances. The victim told police she had been drinking heavily while hanging out at a friend’s home approximately two weeks after school started and observed Stevens at the gathering, referring to him by his nickname “Turtle.” “She advised that she went to lay down on the couch and when she did, Stevens came over to lay down next to her. She advised that he started to put his hands down her shirt and touched her breasts,” said Springfield officer Anthony Moriglioni in an affidavit. Court records indicate the victim awoke with her pants and underwear down to her thigh and reported Stevens was on top of her. Officers met with Stevens on Nov. 2, 2013 and identified him from a prior mug shot police had in their possession because he was an active fugitive from justice at the time. He acknowledged that he was intoxicated at the Springfield party and thought he engaged in sexual intercourse with the victim. “He then advised that they did hook up. I asked if he knew that she was 14 years old, and he advised that he did later,” wrote Moriglioni, who found a grand jury indictment indicating Stevens committed a felony count of burglary. Stevens’ defense looked to suppress his statement to police, claiming officers did not provide him with his Miranda warnings during the custodial interrogations. Prosecutors objected, saying the police interview did not require a Miranda warning because Stevens voluntarily met with officers, he was not restrained or isolated and he was the first to broach the topic of sexual intercourse with the victim.