OC Child Molester: The Seven-Year-Old Girl Wanted It

Jose Humbertolo Hernandez mug.jpg
Hernandez
Jose Humberto Lopez Hernandez doesn't believe that Orange County's criminal justice system treated him fairly and that's why he's now living in a California prison.

One night at his cousin's house in Santa Ana, Hernandez, then 26 years old, decided to sodomize the woman's seven-year-old daughter, who'd affectionately called him uncle.

Though it is plainly illegal for an adult to have sex with a minor under any circumstance, he believes there are mitigating factors.

After his arrest, the 5-foot-6 and 200-pound Hermandez told police that he had been watching television when the girl initiated "arousing" sexual contact and he'd lost control of his penis--didn't know where it was going "to poke."

But, he noted, he'd only poked her in the rear for "30 or 40 seconds" after he covered her head with a pillow to suppress her screams.

(In a pre-arrest, police-inspired recorded phone call made by the victim, Hermandez said she would appreciate how gentle he'd been when she gets married and her future husband more than pokes her.)

At his November 2010 trial, the defendant--a father himself--admitted that he'd intended to have vaginal sex with the girl but missed because he'd been on drugs.

A jury convicted him on one count of aggravated sexual assault on a child and Superior Court Judge Richard W. Stanford, Jr. sent him to prison. He appealed, claiming prosecutors had no valid evidence that he'd used force or fear to engage in the illegal sex act. He also said that if he was going to be convicted of a crime it should have been a less serious one.

But this month a California Court of Appeal based in Santa Ana rejected his complaints.

"The evidence in this case established that [Hernandez] removed the victim's underwear, grabbed and lifted her legs so he could penetrate her and placed a pillow over her, in part because the victim complained that the defendant was hurting her," wrote Justice Richard Fybel on behalf of a three-justice panel.

Upshot: Hernandez will continue to serve his 15 years to life prison sentence.

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33 comments
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IDOCARE20
IDOCARE20

I HOPE THAT NASTY DOG GET WHAT HE DESERVES IN PRISON, THIS IS SO SAD A LITTLE GIRL COME ON NOW  IT IS TO MANY WOMEN OR PROSTITUTES OUT THERE TO BE MESSING WITH A CHILD! YOU ARE A NASTY PERVERT! DON'T DROP THE SOAP NOW!

Madeleine
Madeleine

You know, just wondering why like 98% of the child rapists in Orange County all come from the same racial gene pool. Factor in my own numerous negative experiences with the same racial group that acted like animals back when I used to live in Orange County and was a young cute female and it's enough to make somebody get a little racist, and start developing stereotypes. 

Just sayin'........

Babydoll102593
Babydoll102593

good luck to him. he knew what he did wrong that guy is going to get it worst.

beercrabs
beercrabs

someone needs to kill this piece of sh't......

The_Yeti_Knows
The_Yeti_Knows

Yeti know nice swamp, plenty deep, plenty gator. Be Yeti pleasure.

peter sparks
peter sparks

Wonder if he is thanking bubba for being gentle, you know the pay it forward shit, he is one straight up douchebag.

xxPREACHERxxo
xxPREACHERxxo

American needs to wake up and follow the Chinese law.. Execute all murderers and rapist, child molestors. A bullet in the head and charge the family for the bullet and coffin.

Yup
Yup

preacher, sadly that won't happen. Too many liberals and rapist lovers here that defend them no matter what. Too many race card wavers that think the only reason they are prosecuted is because they are mexican. There is no rehabilitation for child molesters. There is no rehabilitation for child molester defenders. 

Yup
Yup

Waiting for sojo dj to chime in, he likes to defend child molesters and child rapers. As long as they are mexican it is alright according to SOJO __DJ . LMFAO.

 I sincerely hope that this little girl gets the love and attention she needs to help her with what she has experienced. A child should never have to go through something like this.

 

Soho_d J
Soho_d J

 Take your meds idiot when did I defend anyone of the like? Our previous argument centered around YOUR racism and stupidity. Laugh your ass off all you want you just proved what an asshole you are. Like I said before I really think you are mentally unstable. 

Yup
Yup

 go back to the jaime story. You get angry when people post the truth about your beloved mexican family. right or wrong you defend them because of the gang mentality bred in you along with the cowardice. Name calling shows your mentality , you got nothing mexi so you name call. Coward. 

Soho_d J
Soho_d J

 Quit your crying and fuck off.

Jasper_Rios
Jasper_Rios

You guys should both just shut the fuck up and take your pissing contest elsewhere.

Soho_d J
Soho_d J

 There were NO tracks covered, there were no remarks made in defense of homies raping children. You seem to miss the point again. All you can do is stir a pot. My comments here and there speak for themselves and anyone here can see it. You talk about cowardice etc blah blah blah and yet again you fail to see that you are the coward hiding behind the inciteful comments you made. The only norm here is you inability to face that fact.  

Yup
Yup

SOHo, my man you are trying to cover your tracks. Clearly it shows you defend your homies no matter what they do, even rape their own children. That is the point i was making. Like many of your type when your cover is blown you resort to back peddling and flat out lying. Name calling shows your lack of a reasonable response. Immaturity and cowardice appears to be the norm in your little world. Stand up and be a man, It's clear where you are coming from. Call me whatever you choose, right is right and you are not. peace .

Soho_d J
Soho_d J

 Your posts don't require anything other than foul language. Everyone here can go have a look at the other posts and see where I was coming from, I wasn't even commenting of the actual story just your ridiculous take on Latin people. So you can stop saying I defended anyone cause the proof is there. As for you I get it now you just post whatever you think will anger people w out any facts so you can get attention etc etc. I won't further this w anymore posts to you because you are sick and not worth the time. YOU are the coward that's where I began to LMFAO at you. As for anyone else reading this please have a look at the other posts ( father rapes daughter story) my intentions speak for themselves. At no point will you see me defending the person in the article. The fact of the matter is you are a racist who can only get it up on the internet, I actually feel bad for letting my cool get blown by a piece of shit like you.  You are done.    

SugeAveryLemonade
SugeAveryLemonade

Well, when he is raped in prison, I hope some big burly inmate with equine like genitals murmurs in his ear, "You're going to thank me later for being so gentle when Big Bubba gets ahold of you."

Save a bullet and just get a rope. My heart goes out to that poor little girl. The really fucked up part about it is that when she DOES get married and have intercourse (not like the two are always connected) she will think of her first sexual experience. Being freaking SODOMIZED with a fucking PILLOW over her head. Just looking at this piece of shit makes my blood boil and my stomach turn at the same time. If that had been MY kid, the cops would be picking two people up. Him for sodomizing my child.....and ME for sticking a baseball bat up rectum to his fucking LUNGS!

SugeAveryLemonade
SugeAveryLemonade

I'm sorry. I don't usually curse that much and don't wish death on ANYone, but this just issed me of SO badly! >:(

disco stu
disco stu

the sad thing is that these POS motherfuckers are protected in prison, segregated from those that administer REAL justice!

mitch young
mitch young

This guy looks like the old school Mexicans we used to get -- real mestizo.

BTW, any word on his immigration status? 

Mom
Mom

Of course this story has everything to do with immigration which is what seems to concern you more than the rape of a child.  What a tool you are. You should have you ass kicked for being such a bigot. Maybe the child rape thing didn't bother you because you are into that kind of thing.

Vicente Fernandez
Vicente Fernandez

 He got Gustavo to marry him so they're waiting on family reunification visas.  What? you didn't get an invite to the boda?  Faaabulous food and Gustavo brought fresh tamales from a foodtruck!

gustavoarellano
gustavoarellano

Another pathetic fanboy! Just make sure to stick to your pseudonym, coward, or I'll deport your Know Nothing ass!

messed up
messed up

I Have to agree with Gustavo on this..usually Gus is Fun to mess with..but this is a case that has no room for jokes..

SugeAveryLemonade
SugeAveryLemonade

A young child was sodomized and all you can think of by way of a comment was to take a cheap shot at Gustavo? Stay classy. 

gustavoarellano
gustavoarellano

Oh, you're Alva! Since you're already a coward, and you decided to be a sock puppet, you're gone. ¡Adiós, pendejo! We love idiots like you; we don't tolerate sock puppets. Fuck Mitchie, but at least he's always stayed by that name, unlike your pendejo ass.

Vicente Fernandez
Vicente Fernandez

 "Cheap"?  I spent nearly three minutes coming up with that chiste.  When I want to go cheap I just call him "hijo de chapin".  And speaking of classy, I'm writing this from Skybar while screaming at the pinoy serveboy to get me another Don Julio.  That's classy to you Santan-oid.

Justice
Justice

"It" needs be put down.

bigriggs
bigriggs

Mr Hernandez needs to be shot in the head.

Streets
Streets

He needs a bullit to the head!

bigriggs
bigriggs

Oops, you beat me too it.

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