Dirty Dad: Daughter Didn't Adequately Fight Sodomy Attack

Refugio Tochihuitl
One night in August 2002, Refugio Tochihuitl looked at his sleeping 5-year-old daughter and decided to do the unthinkable.

He removed her clothes and inserted his erect penis into her butt.

For five years, Tochihuitl thought he'd gotten away with his disgusting crime.

Then, in 2007, the 10-year-old girl told authorities about the incident after another man had sexually molested her.

During an interview, Tochihuitl admitted to police that he had indeed sodomized his daughter, but he calmly reasoned that she hadn't violently fought his advances.

An Orange County jury didn't buy the rationale and found him guilty of rape.

Judge Micheal Hayes sentenced Tochihuitl to 15 years to life in prison.

On appeal, Tochihuitl argued that the real bad guy in the case was his prosecutor, but a California Court of Appeal recently rejected the claim as absurd and upheld the conviction.

--R. Scott Moxley / OC Weekly

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