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mercoledì 23 agosto 2017

Man raped 12-year-old boy met on dating app for gays

45-year-old Gerardo Orbe-Lucas is currently in jail, accused of sexually molesting a 12-year-old boy in April. The two met on the dating app, Grindr. He said the app requires users to be legal adults.

Court documents reveal Orbe-Lucas admitted to engaging in sexual acts with the boy, but he thought the minor was 21.
Orbe-Lucas' public defender, Paul Cadman, said, "My client was under the impression that this person was of legal age."
Court documents said the boy told police he met the suspect on Facebook on April 9, 2017. He told police he received a private message that said, "Do you want to have sex?"


The 12-year-old boy told police the next day he replied because "he was curious and wanted to try something different." He told police he believes he might be homosexual, but is not sure.

In court documents, the boy told police the man asked if he was home alone. After telling him yes, the boy told police the man asked for his address.
According to the police report, the boy gave the man his address.
The boy admitted to police he invited the suspect over; however, the report said the boy "advised he did not want to have sex."
The boy told police he only had sex because "he was afraid of being harmed."
The boy told police when the suspect arrived he entered the bedroom and said, "I'm here to have sex with you." The boy said the man started to take off his clothes, pushed the boy onto the bed and started engaging in sexual acts.
According the documents, the boy told police during the encounter "the suspect heard the front door open and immediately grabbed his clothes and ran out the sliding door as he stated, 'Don't tell your parents.'" The police report said the boy then "ran into his restroom as his mother walked into his bedroom to avoid being caught by his mother."
The boy's parents told police when they got home they saw a green Ford Explorer that was "partially parked" in their driveway.
The report said the boy's mother went inside the house and the father stayed outside.
The mother told police she knocked on the bathroom door to see if her son was alright. He told her he was fine.
The mother noted her son appeared to be nervous and was "acting odd."
The boy's father told police he saw a man walk to the Ford Explorer, get inside and quickly drive away.
The report said the father "thought the subject's behavior was suspicious but did not think much of it at the time."
According to the report, hours later, the boy woke his parents up and told them he "allowed an unknown man inside the house while they were at work," and "the man raped him."
Court documents said police were called to the house at 12:16 a.m. on April 11, 2017.
In a later interview, the boy admitted to detectives that he did not meet the suspect on Facebook, but he would not disclose the name of the app he used.
The detective asked the boy if it was on Grindr, the report said the boy "shrugged his shoulders and could not confirm if it was the app."
According to documents, when detectives talked with Orbe-Lucas he "initially lied and denied having used social media to meet anyone recently." He also denied meeting the boy and having sexual contact with anyone in April. 
The police report reveals Orbe-Lucas then changed his statement and "said he had been using Grindr to meet people for friendship."
Orbe-Lucas told police he believed the boy was 21-years-old because of the apps age requirements.
According to the terms and conditions on Grindr, by signing up you are confirming that you are 18-years-old or older. It does not state how it enforces this requirement.
"I have questions about what a 12-year-old is doing with unsupervised access to adult sites," Cadman, Orbe-Lucas' attorney, said." "It's preventable."
Both the boy and Orbe-Lucas' phone were seized by police.
Documents reveal police used the boy's phone to call Orbe-Lucas' number, and "the phone number was saved as "12 Yea."
Orbe-Lucas' public defender, Paul Cadman, said it is his understanding that Grindr is not a dating app, but it is a hookup app for people who are gay. 
Cadman said the boy is lying and he is the one that "solicided a meetup" with his client.
"It is my understanding that the victim started it," he said.
Cadman said although he has not personally seen the minor, it is his understanding that "he appears to be of bigger stature than my client who is quite short."
"When the meetup occured the minor misrepresented his age to my client," he said. "He thought he was meeting a young adult."
Cadman said there was confusion when Orbe-Lucas was being interviewed by police because he does not speak a word of English, and only speaks Spanish.
"It is not clear to me that the police officers who interviewed him were native Spanish speakers," Cadman said. "There can be tremendous confusion when these types of things happen."
Cadman said he beleives the boy speaks both English and Spanish. Court documents said the boy's parents only speak Spanish.
When asked the legal status of Gerardo Orbe-Lucas, Cadman said he could not say. He said "it doesn't really matter unless the crime being charged is an immigration crime."
Cadman said, "There are few things worse than the five-time drunk driver who finally kills somebody, and it turns out he or she shouldn't have been here. I get that, I totally get that, but that is not this case."
Cadman said his client is "devastated." He said the truth will come out in trial.
"I want to see exactly what was posted, what was said, I want to see all of that," Cadman said. 
Cadman said he anticipates many witnesses to testify in this case.
"I anticipate witnesses testifying in this trial who know my client, that their children have always been safe around him, Cadman said. "He [Orbe-Lucas] is as trusted member of a fairly large family, he has children, he is not a dangerous pedophile."
Felony charges against Gerardo Orbe-Lucas:
  • Lewd or lascivious acts with child under 14-years-old
  • Sodomy with victim under 14-years-old
  • 2 counts of oral copulation with persons under 14-years-old
  • Oral copulation by force with victim under 14-years-old
  • Forcible sodomy with a minor under 14-years-old
Orbe-Lucas is being held on $250,000 bail. His next scheduled hearing date is on Sept. 12, 2017.

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