By Sydney Kent
Saul Vasquez Mora, 26, Bluffton, was sentenced to six years at the Indiana Department of Corrections with no time suspended after allegedly raping his wife.
Mora pleaded to guilty to rape, a Level 3 felony. One charge for domestic battery committed in the presence of a child less than 16 years old, a Level 6 felony, was dismissed as part of the plea agreement.
According to Prosecutor Colin Andrews, the pre-sentencing investigation report indicated there was a high possibility, if not certainty, Mora would be deported. Probation was deemed inappropriate as part of his sentence due to this factor.
Mora’s defense attorney, Justin Wall, rebutted this factor at the hearing Wednesday.
“This court cannot control whether or not he gets deported,” Wall said. “Deportation should be off the table.”
Judge Kenton Kiracofe explained that if the court enters a sentence with the anticipation Mora may receive supervision, and Mora is deported, he ultimately receives no sentence.
Wall submitted Mora’s clean criminal history as a mitigating factor. The defense asked the court to consider a fully suspended sentence with an unspecified term of probation and 4 days of jail credit.
Wall also commented that Mora’s case was not the “typical rape case” the court would see due to Mora and his wife having a consensual sexual relationship.
Kiracofe agreed with this. He also explained how Mora’s case is much larger than a consent issue.
“This was preceded by violent conduct on his part,” Kiracofe said. “The court can’t overlook that. Mora essentially victimized his entire family because of his conduct.”
According to the probable cause affidavit, Mora’s wife called 911 in January after an argument where he came home from a party intoxicated. She told officers he began hitting and punching her head and abdomen. Mora then forced her to have sex with him against her will. Three children, ages 6, 4, and 2, were present in the home and did not witness the assault.
During the investigation, Mora admitted to the allegations and told officers he was angry with his wife for leaving the party without their children. Officers noted Mora smelled like alcohol during the interview.
His wife also reported she moved to Bluffton in Nov. last year to be closer to her husband and their children. The two worked together at a local restaurant where Mora collected, and kept, both of their earnings.
Andrews reminded the court that Mora received a significant benefit from the plea deal, which dismissed the domestic battery charge, and offered perspective on behalf of the victim.
“After this event, the victim immediately moved to the state of New York and took their children with her,” Andrews explained. “My sense was that this was devastating for her.”
Mora was taken into the custody of the Wells County Sheriff immediately following the hearing. He is required to register as a violent sex offender and ordered to pay court costs and fees in the amount of $189.00.
sydney@news-banner.com
