Dirty Dad: Daughter Didn't Adequately Fight Sodomy Attack

TochihuitlRefugio.jpg
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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49 comments
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guest
guest

The sad thing is there was a guy in my town who just recently got away with abusing his step daughter for more than 5 years who used this same defense!

Jenna
Jenna

That sounds like a typical defense lawyer strategy.

Mitchell
Mitchell

Immigration status? Any guesses?

hummus
hummus

>He removed her clothes and inserted his erect penis into her butt.lol'd hard

Spencer
Spencer

God damn there are some sick and stupid people in this world. This guy actually believed that excuse was going to get him off the hook? WTF nobody not even for the smallest things mans up anymore and admits when they are wrong or did something wrong.

Time to smoke a joint and have a beer. don't even want to think about this idiot tonight.

Nobody
Nobody

He must have a tiny penis.

M60
M60

Finally, some common sense in the courts...

Yorgen13
Yorgen13

Sounds like someone is getting a "World's Greatest Dad" mug for father's day

Filbackbrandyg
Filbackbrandyg

That is sick what man in there right mind would that to a little kid, I think thay should castrate all child molesters!!!!

Bubbaw74
Bubbaw74

I hope the boyz in jail show him anal with a baseball bat!!!!

909Jeff
909Jeff

You know in the middle east the muslims would have stoned the girl to death for shaming her family... I'm just saying.

Imran
Imran

Oh Really !! I am impressed with your knowledge about Islam. They stoned the people involved in even extra marital affairs and you can only guess what will be the punishment of such a heinous crime. Grow up man. Come out of you cocoons and start using you mind instead of what media feed you.

909Jeff
909Jeff

Been to the middle east twice... Kuwait, Bahrain, Oman, Qatar, Jordan, UAE, etc etc etc... I dont need the media to tell me anything I was there. And let me get this straight you're saying its okay to stone someone to death for being unfaithful? Thats progressive thinking for you. And I dont need to defend my position just look at the cover of Time magazine from last summer... (Time being one of the most Liberal rags out there) The heartbreaking picture of the girl whose nose and ears were cut off because she ran away from an abusive husband. Go ahead and defend that. This kind of stuff happens over there all the time and its starting to happen here too..

Islam's Latest Contributions to Peace"Mohammed is God's apostle. Those who follow him are ruthless to the unbelievers but merciful to one another" Quran 48:29

Mark
Mark

Damn, I can't remember ANYTHING from when I was 5

Arthur Dent
Arthur Dent

Oh, thank God. That's a HUGE relief. Sleep well, Mark...

ND
ND

The way the attack was described is totally unacceptable. It is almost as if you think it is a joke. Next time, remember that you are an adult and write with some class. Disgusting.

R Scott Moxley
R Scott Moxley

ND, your moral outrage is blatantly misplaced and your mind-reading skills need re-calibration.

909Jeff
909Jeff

The arrogance of the Weekly staff is laughable... But people with brains arent their target demographic

Cabertges
Cabertges

I'll bet if it was YOUR daughter that was sodomized you wouldn't be so cavalier with the way you report it! You, R Scott Moxley, are absolutely repellent.

Vrichard527
Vrichard527

If my child were sodomized, language would be the LEAST of my worries. I never cease to be amazed at the stupid things people will focus on in the midst of catastrophe.

Maggie Shnayerson
Maggie Shnayerson

Dear Moxley—what the hell is this? Here are 151 words with hardly a shred of context. When did this interview and appeal take place? Why is this story important now? (Other than the fact that whenever this took place, it was important.) Also? Way to introduce extra prurience to an already sickening story by using the terms you've chosen to use to describe the victim's anatomy. Losing respect for you by the second, here.

gustavoarellano
gustavoarellano

Maggie: Scott covers courts out here in OC, and does a hell of a job at it. Regular readers know how Scott covers crime, and victims appreciate his coverage. Maybe if you became a regular reader, you'd get this.

Maggie Shnayerson
Maggie Shnayerson

Gustavo and dear Scott:Couple of things: In order to lose respect for Moxley, I’d have to start out with some to begin with. So let me assure you that I’m a big Moxley Confidential fan. Which is why I was disappointed to see an item from him that—unlike the rest of what I’ve seen of Scott’s work over the years—seemed careless and lacking in specifics, like dates, which Scott’s explanation of “recently” from above still doesn’t provide. Am I quibbling? Maybe. But it can be those facts that lend a balancing gravity to the easy natural language sometimes used by alt-weeklies. Without that anchor, as a reader, I was left with my first reaction—and I wasn’t the only one, it seems. I’m disappointed that Gustavo and Scott—both of whom I still admire very much—decided the best recourse upon receiving a comment critical of a post was to go personal, insulting my “fragile sensibilities,” and implying I just don’t “get” it for lack of being a regular reader. I presume you don’t actually have any idea if I read you regularly. If I am, you’ve just alienated one of the faithful. If I’m not, well…let’s hope belittling potential new readers for not being in the club isn’t part of a circulation strategy: I’ve got a good helping of journalistic hopes pinned on alt-weeklies like yours. For the record—since this entire argument began with a little girl and her hideously craptastic father—Judge Hayes filed his opinion on Refugio Tochihuitl’s lunatic appeal on January 10, 2011. You can read it here: http://bit.ly/dGNSBPThanks for your time and thoughts, and apologies for the long-windedness.A fan as ever,—Maggie Shnayerson

gustavoarellano
gustavoarellano

Maggie: While we appreciate your readership, you are obviously not a regular. If you were, you'd know Scott is like the Pope: his words are infallible. You don't question; you read, and learn. You'd also know our writing style, which is to describe criminal acts—no matter how heinous—in all its disgusting details. We've never received complaints from the victims or their attorneys—indeed, we've received praise for not mincing words. Finally, we can report on stories whenever the hell we want, and our regulars understand that. Gracias for reading!

R Scott Moxley
R Scott Moxley

Dear, dear Maggie:

I cover crime and courts. Terrible things are handled on these beats. If your sensibilities are fragile, you can shield yourself from these facts by not reading crime stories. Also, a state court recently rejected this defendant's appeal of his conviction. This, at a minimum, makes the case newsworthy.

majii
majii

I think that the reason for the graphic language was to highlight just how heinous the crime was. It's stomach turning to think of any adult sexually molesting his/her kid in any circumstance.

bellejarre
bellejarre

That's kind of a sorry excuse because there's no hiding the heinousness of the crime. It does not need tasteless embellishments. The word 'sodomize' is graphic enough, and there is absolutely no need to talk of a child victim's 'ass' having an 'erect penis' stuck into it. That's understood. The only purpose of the salacious, porn-like descriptions was to titillate. I'm all for disrespect and jokes about stupid criminals and certain 'victims' but this was a child.

bellejarre
bellejarre

I second that. The description of the attack showed an utter lack of respect for the victim. Disgustingly insensitive piece.

gustavoarellano
gustavoarellano

Moxley, not respectful toward victims? Either you've never read us, or you're a Carony--take your pick!

Sarasotas Finest
Sarasotas Finest

Oh sooo sad i feel bad for this little girl!Where the hell is the mother of this lil girl selling tickets outside the bedroom?What happen to the other guy?Hey Refugio it isn't gonna matter if you fright it you're gonna get the same thing you gave her for the next 15yrs hahaha

jkl
jkl

Sick f...g bastard, I am so sick and mad right now. We need more death sentences even for this fagots. Save the tax payers money for something reasonable then the 100 years in prison with tv and hot food every day for somebody like this animal.

alehound
alehound

pics or it didn't happen...

Vmackey
Vmackey

Go back on 4chan loser

Concerned Mother
Concerned Mother

How can a person even "like" this comment. I guarantee you if someone was sticking their erection in your butt you wouldn't be making such a crude joke.

Gryphon50
Gryphon50

there is a time and a place for that kind of joke. And the time for that one is....never. Besides, you most likely have pics already like that on your computer already.

amanda 61
amanda 61

damn this freak to hell ! How deranged is he? messing with a child of 5 years old, placing his erection in her derriere, the low life should be castrated, and decapitated. He open the gates of hell for himself, Satan has sure got that pervert

mamamia
mamamia

Sick pig... sooner or later the day will come when you will rott in hell!

Rockon
Rockon

You what they say about PAYBACK... A suggestion to Refugion: just don't fight it and then what the guys are doing to you isn't wrong!

Beautiful70287
Beautiful70287

How sad this guy is supposed to b protecting his daughter from ppl like him not be a person like that....poor girl

karly77
karly77

How can you do such a thing to your own daughter. DISGUSTING!!!

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