By Liz Shepherd
InkFreeNews

Hector Rosales

WARSAW — Four witnesses testified during the first day of a three-day jury trial for a teenager accused of raping and battering a person in Kosciusko County.

Hector Rosales, also known as Ector Joel Rosales Miralda, 19, Warsaw, is charged with two counts of rape, both level 3 felonies; and strangulation, intimidation, and battery resulting in moderate bodily injury, all level 6 felonies.

Rosales is being represented by Jay Rigdon and Nick Jacobs, Warsaw. The state’s case is being presented by Deputy Prosecuting Attorney Joseph Sobek. Court interpreters are present to assist in translation for Rosales and witnesses.

In Indiana, a Level 3 felony is punishable by three to 16 years in prison, with an advisory sentence of nine years.

Affidavit of Probable Cause

On June 26, 2022, Warsaw Police officers responded to a rape report. Officers determined the victim only spoke and understood Spanish. First responders used a Language Line translation service in order to communicate with them.

According to court documents, the victim said they were asleep in a bedroom when they heard a knock on their door. They told officers they did not respond to the knock and instead got up to use the bathroom. Rosales was in their room when they returned.

The victim tried to get Rosales to leave, but he would not do so until they sat down on their bed and gave him a hug. After the hug, Rosales pushed the person onto the bed and got on top of them.

When they tried to scream for help, Rosales allegedly put his hand on the person’s throat, causing pain and difficulty breathing. Rosales told the person if they did not stop screaming, he would strangle them.

Rosales then forcibly had sexual intercourse with the person. During the assault, Rosales got sick, allowing the victim to grab their phone and call for help.

The victim was taken to a sexual assault treatment center and a sexual assault kit was completed.

Rosales admitted to being in the person’s room but claimed that when he knocked, the victim opened the bedroom door and let him in. He said the two of them made out but that he blacked out and could not remember anything else. Later in the interview, Rosales said at some point, their clothes were off and they were having sex. He then said later on, the victim noticed he was drunk and asked him to stop. Rosales stopped, grabbed his clothes and left the room.

When asked how much alcohol he consumed, Rosales said he drank a quarter bottle of Hennessy, a brand of cognac that is 40% alcohol by volume, and 10 beers.

Trial Proceedings

Eight men and six women were seated on the jury in Kosciusko Superior Court One shortly after 11:30 a.m. Monday, May 15, with Judge Karin McGrath presiding.

In his opening statement, Sobek referenced the affidavit of probable cause and mentioned the victim didn’t really know Rosales well. He said the prosecution would be able to prove to the jury beyond a reasonable doubt that Rosales committed all of the crimes he is charged with.

“This man violated and raped (the victim),” said Sobek.

Rigdon asked the jury to assess all of the charges against Rosales, stating Rosales’s interactions with the victim were consensual.

“If you can’t find beyond a reasonable doubt that non-consensual activity occurred, you can’t convict Hector of anything,” said Rigdon.

Sobek then began the state’s case by calling the victim for testimony. The victim said Rosales and Rosales’s cousin helped them and their mother move from Georgia to Indiana to find work.

Rosales occasionally stayed in a house where the victim resided with several other individuals. The victim described their interactions with Rosales as minimal, noting they had never been in a relationship or physically intimate with one another prior to the incident.

When asked to describe what happened before the alleged rape, the victim said they woke up in the middle of the night to use the bathroom. Rosales was in the victim’s room when they returned and told the victim he “had a lot of problems and didn’t have anyone to talk to.”

Rosales then asked the victim for a hug, which was when the victim noticed Rosales smelled like alcohol and marijuana. When the victim asked Rosales to leave, he grabbed them by their shoulders, pushed them onto a bed, and forced them to have sexual intercourse and oral sex.

“If I had given consent, I wouldn’t be here today,” said the victim.

After the incident, the victim said Rosales began throwing up, which led to them calling their significant other, who called 911. After the attack occurred, the victim said they noticed purple marks on their neck, redness on their wrists, general bruising, and a mark near their mouth. Photographs of the victim’s injuries were submitted as evidence to the jury. The victim also broke up with their significant other about two months after the rape, as the victim became uncomfortable with physical affection.

In cross-examination, Rigdon asked the victim about why they didn’t seek help from any of the other individuals in the home. The victim said those who lived there were related to Rosales.

The victim’s ex-spouse and mother also testified. Both said the victim began exhibiting different behavior after the rape, becoming more fearful and seclusive.

The ex-spouse said the victim told him to call 911 because the victim was scared Rosales would harm their family.

Elkhart Police Department Officer Megan Bortner, who was employed by the Warsaw Police Department during this incident, was the prosecution’s final witness for the day. Bortner took an initial statement from the victim but said she was unable to make entry into the home where the rape occurred because of a language barrier.

The trial will continue at 9 a.m. Tuesday, May 16, with more witnesses scheduled to testify.