A jury did not believe a Gentry man when he claimed he was the victim when a 12-year-old girl took advantage of him while he was passed out in his car.
It took the seven women and five men about an hour Wednesday morning to find Oscar Hernandez, 29, guilty of two counts of rape, a Class Y felony.
Hernandez, wearing a purple shirt and black pants, stood between his attorneys, Janette McKinney and Sergio Barron, as the jury verdicts were read. Hernandez was wearing headphones in order for a interpreter to translate the proceedings for him.
He was sentenced to 25 years in prison on one rape count and 32 years on the other rape charge. The sentences will be served concurrently.
Hernandez was arrested April 29, 2011, in connection with allegations he had a sexual relationship with the girl.
The girl, now 15, testified Tuesday that she met Hernandez in 2010. He used to play soccer with children in her neighborhood. She told jurors the two had sex on several different occasions.
Jurors heard an interview where Hernandez admitted to having sex with the girl. He also wrote a letter of apology to the girl. The letter was submitted as evidence.
Hernandez testified he had several beers at a party and agreed to drive the girl and her younger brother home. Hernandez claimed the boy fell asleep in the back seat of the vehicle.
Hernandez told the panel he passed out after arriving at the girl’s home and woke up later with the girl on top of him. He said he pushed her off of him and he left to return to the party.
“I don’t remember anything,” said Hernandez, who told jurors he does not usually drink.
Hernandez testified that later that night he discovered that he was wearing a condom, but could not remember details of that night.
Under questioning from Stuart Cearley, Benton County chief deputy prosecutor, Hernandez described himself as the victim.
“If you are looking for a victim you could say I am the victim because she did something to me,” Hernandez said.
“You knew it would be wrong to have sex with a 12-year-old girl?” Cearley asked Hernandez.
Hernandez said he knew it was wrong, but again claimed to be the victim.
Hernandez will have to serve at least 22 years in prison before he is eligible for parole.
He will be required to register as a sex offender.