Convicted Sex Offender Found Guilty of Several Counts of Rape

A Wilmington man who was found guilty of sexual assault offenses in the 1990s when he was 14, was recently convicted by a Delaware jury of several sex crimes. The 39-year-old defendant was found guilty of 10 counts of Rape, Kidnapping, seven counts of Possession of a Deadly Weapon During the Commission of a Felony, and numerous other charges in connection with a 2020 assault in Brandywine Park.

According to police, the defendant stalked a victim who was running in the park, held her knifepoint, and raped her under the Washington Street Bridge. After the rape, the defendant stole her phone, her engagement ring, and forced her to drive to an ATM to withdraw cash. As she was driving, the defendant threatened to kill her. He then raped her again before forcing her to drop him off.

The defendant, who has been named a habitual offender by the Delaware courts, faces a mandatory minimum sentence of 5 life sentences plus 175 years.

Rape in the First Degree under Delaware law 

In Delaware, the crime of Rape is defined as intentionally engaging in sexual intercourse with another person and the sexual intercourse occurs without the victim’s consent. Elements of First-Degree Rape include that the defendant caused serious physical or emotional injury to the victim or that the defendant facilitated the rape during the commission of another crime. In this case, the defendant was also accused of kidnapping and unlawful use of a weapon, both of which would qualify for a first-degree rape charge.

Under Delaware law, First-Degree Rape is classified as a Class A felony. The minimum sentence for a conviction of First-Degree Rape is 15 years to be served in a Level V facility. A defendant can be sentenced to life in prison without the possibility of parole if:

• The victim is less than 16 years old at the time of the offense
• The defendant intentionally caused serious or prolonged disfigurement to the victim
• The defendant is convicted of rape against three or more separate victims
• The defendant was previously convicted of First- or Second-Degree Rape or Unlawful Sexual Intercourse

In the case mentioned above, the defendant was accused of raping the victim multiple times, committing numerous other felonies, and had already had a prior sex crimes conviction on his record. This would have automatically qualified the defendant to a life sentence. However, the court saw fit to sentence the defendant to 5 life sentences based on numerous offenses that triggered the life-sentence condition under the Rape statute.

Talk to a Wilmington, DE Sex Crimes Attorney Today 

Michael W. Modica represents the interests of those accused of sex crimes in Wilmington, Delaware. Regardless of what statute your charges are filed under, those convicted will face a lifetime of registering as a sex offender which could make their life very difficult in the future. Our Wilmington criminal defense lawyers may be able to successfully reduce or eliminate the charges against you. Call our office today to learn more.