A man who raped a former girlfriend and was convicted of rape in the second degree, sodomy in the second degree, and sexual abuse in the second degree, could end up with no conviction on his record after sentencing by Judge Calvin Holden.
Holden suspended the imposition of sentence for all charges on David Gonzales, putting him on probation for five years, and giving Gonzales a chance to keep all the convictions off his record following his probationary period.
The second degree rape conviction could have brought a seven year prison term. The prosecution asked for a four year prison term on that count.
Gonzales was convicted of raping his ex-girlfriend on the evening of January 8, 2018. Gonzales has been drinking and went to the victim’s home. He began making advances and the victim told him five times she was not interested in engaging in sexual activity.
The victim had a panic attack, Gonzales initially comforted the victim and then began his sexual assault, telling her to “let it happen.” The victim told police she froze, with Gonzales admitting to police the victim “did not move” and “froze emotionally.”
Prosecuting Attorney Dan Patterson said that the victim’s response is not uncommon. Patterson said that the victim’s brain is attempting to protect them from the trauma that is taking place.
The evidence from the case also showed that after the rape, Gonzales told friends that he committed the crime. He even told the victim in a phone call that was recorded “I raped you.”
Greene County Assistant Prosecutor John Herries told Judge Holden that this is the third time Gonzales has been accused of sexual misbehavior against three separate victims; two of them out of state. He said the defense’s request for a suspended imposition of sentence was “offensive” and asked for Gonzales to be sent to prison.
The victim told Judge Holden she feels isolated since Gonzales raped her. She said that she hides from others, no longer trusts those who come into her life, and how she struggles to form healthy connections with others.
Despite the evidence from prosecutors and the statement of the victim, Holden’s action will allow the rape conviction and two other convictions off Gonzales’ record if he completes probation. However, Gonzales will be required to register as a sex offender.
Gonzales was represented by Dee Wampler, Scott Pierson, and Joseph Passanise.