Juan Humberto Avila Gets 363 Years to Life for Rape of 16-Year-Old Girl and Past Violence

Categories: Court, Crime-iny

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Juan Humberto Avila is going to have a long time to consider his wayward ways in state prison: 363 years to life.

Orange County Superior Court Judge W. Michael Hayes handed down that lengthy sentence for the Santa Ana 36-year-old's rape of a 16-year-old girl walking home from a fast-food restaurant five years ago.

After hanging out with friends at an In-N-Out Burger in Santa Ana, the girl was walking home around 1:30 a.m. on Jan. 21, 2008, when Avila jumped out from behind a sign, punched her several times and dragged her across the street, where he threatened to stab her to death if she screamed for help.

Behind large storage containers at the rear of a parking lot, Avila repeatedly raped the girl and forced her to perform oral sex on him over the course of more than two hours. Avila then took her bank card and ran away.

The case went unsolved until December 2010, when the FBI contacted Santa Ana Police to inform Avila's DNA from a federal weapons violation case in Arizona matched evidence from the rape case.

Juan Humberto Avila, Linked to Cold-Case Rape of Teen, Faces 355 Years if Convicted on All Counts

The defense argued at trial that Avila had consensual sex with the girl earlier in the day and that someone else must have beaten her up later, but the victim "maintained all along he was a complete stranger," Deputy District Attorney Keith Burke explained to City News Service.

Avila was convicted on March 4 of sexual penetration by one count each of a foreign object by force, dissuading a witness by threat or force, as well as two counts each of forcible rape, sodomy by force and forcible oral copulation. Sentencing enhancements for inflicting great bodily injury and kidnapping were found true.

Judge Hayes essentially doubled Avila's sentence Friday due to a prior strike from a 1997 conviction for participating in a criminal street gang, Burke said.

Email: mcoker@ocweekly.com. Twitter: @MatthewTCoker. Follow OC Weekly on Twitter @ocweekly or on Facebook!


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17 comments
Divine13
Divine13

I agree with OCGal, a life sentence for this type of "crime" is ridiculous. I quote "crime" due to the many false rape accusations that have been brought forth in prior years. Now the message that is getting across with a life sentence for rape is to kill a victim to not get in trouble? what about all those perverts that are in schools or communities teaching our children and sexually abusing them? what they get nothing but only a few years in prison! Our justice system needs to be looked into.

Margarita Vela
Margarita Vela

"The defense argued at trial that Avila had consensual sex with the girl" EWWWWWWWWWWWWWWW!!!!!!! ::gag:: how could they defend that beast. ^I agree with Veronia

Joe Pinney
Joe Pinney

He's all "I told ya I'd beat the rap! I'd thought I'd get 'life' for sure!"

Maria A. Moffa
Maria A. Moffa

He should be scratched repeatedly in his privates, then forced to wash them with salt water on a daily basis!

Peyton Farquhar
Peyton Farquhar

Avila is the kind of scum that should be euthanized for the good of society and so that the taxpayers don't have to feed & clothe him for the rest of his life.

Jeffrey W. Bowman
Jeffrey W. Bowman

It's a shame we have to pay to keep this AHole alive. Hopefully those who administer justice on the inside take care of that.

OCGal
OCGal

Just like the death penalty does / did nothing to deter murder, these kinds of sentences will not prevent this kind of vile behavior.

At some point, however, these criminals will realize that if they are going commit rape they might as well kill the person to minimize their chances of getting caught. The sentence will be pretty much the same (life without the chance of ever getting out of prison), and dead people do not testify.

While it makes everyone feel good to punish creeps like this to this extent, at what point does it become counterproductive?

I sincerely hope that I or my loved ones will never face this choice, but personally I would rather be raped than be raped and murdered.

vegandawg23
vegandawg23 topcommenter

@OCGal Has to be a troll. But I'll bite. What do you consider a just punishment? 

prattleonboyo
prattleonboyo

@OCGal 

So incarceration = bad?  I'm sure your thoughts will be a tremendous comfort to anyone who is victimized by another douchenozzle like Avila.  Further, remember your advice if/when it ever happens to you or someone in your family.

OCGal
OCGal

@vegandawg23 - I am an Orange County mother who is worried about the next victim ending up in the morgue as opposed to the witness stand. Whoever that may be.

If that makes me a troll - guilty as charged.

vegandawg23
vegandawg23 topcommenter

@OCGal Castration for rape would serve as a deterrent. I think prison sentences are too long too for alot of crimes. No need to spend money housing and feeding these scumbags. If they rape give them 10 years and castrate them. Murder should be execution after trial. The logical conclusion to your line of thinking is to lower punishment guidelines for every violent crime. Rob a bank, give em a slap on the wrist otherwise they'll eliminate witnesses, shoot cops. Armed robbery, breaking and entering, same reasoning, lower sentences or they'll kill their victims. You realize how absurd this sounds? 

OCGal
OCGal

@vegandawg23 - no, certainly not. But part of a "justice" system is proportionality. This is lost by sentences like this. What are you going to give a murderer? Life without parole? 1000 years? This guy ain't getting out. Unless you are going to have found eternal life it is all the same. No?

It is called "Justice" system - not "Revenge" system. The apparatus that administers said justice is the CDCR - as in Corrections and Rehabilitation. 

Apart from that I repeat my concern that, since the criminal really has nothing to lose, he might as well eliminate all witnesses. Why wouldn't he? Since I answered your question, please answer mine.

 


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