Our Chino Hills sex crimes criminal defense lawyers were interested to see a recent item about a man who is accused of videotaping himself committing a rape. The Orange County Register reported July 8 that Martin Duet Archuleta, 44, has been arrested for raping an unnamed adult woman, 29. He is also accused of supplying her with drugs and threatening her with exposure if she reported the rape. Archuleta has a criminal history that includes a conviction for felony indecent exposure, which carries a lifetime obligation to register as a sex offender. He is currently being held at Orange County Jail in lieu of $10,000 on suspicion of forcible rape.
According to the article, the victim told police that she had had one consensual sexual encounter with Archuleta, about five weeks before the alleged rape. The woman told police that she visited Archuleta at home, but tried to leave when he became angry and started acting strange. He allegedly didn't let her leave, but instead held a folding knife to her face. She said he then threw her onto a bed, ripped off her clothes and raped her, over her protests. She also told police that Archuleta had recorded the entire incident, and threatened to show it to others. He allegedly left multiple voice mails threatening her and also told her husband she was "sleeping around." Her husband encouraged her to report the incident. Archuleta claimed the encounter was consensual. Court records suggest that Archuleta's criminal history includes the indecent exposure conviction as well as felony convictions for possession of a controlled substance, theft with a prior conviction and burglary.
Archuleta's record is what caught the attention of our Corona sex crimes criminal defense attorneys. His conviction for felony indecent exposure is unusual, because indecent exposure is not usually charged as a felony unless there's a prior conviction for the same offense or for lewd acts with a minor. This suggests that Archuleta's history is pretty serious. We also noted that his conviction for burglary may count as a "strike" for the purposes of California's three-strikes law, which means a conviction on the forcible rape charge would be a second strike. That would expose him to double the ordinary penalties for rape (up to eight years in prison), plus limits on sentence reductions for good behavior. If he is convicted of any felony at all in the future, it could be a third strike that puts him in prison for 25 years to life. Someone in this position should never plead guilty without speaking with an experienced defense attorney first.
HOWARD | NASSIRI PC defends people accused of all types of sex crimes, including crimes that are socially or politically unpopular. Our Pomona sex crimes criminal defense attorneys believe every defendant is entitled to a strong defense and a fair trial -- especially if they are facing severe penalties like a lifelong obligation to register as a sex offender. Sex-related criminal cases may be serious and controversial, but they can also allow very strong defenses. In cases built only around the word of an accuser, it's often that accuser's word against the defendants, allowing us to look for weaknesses in the other side's story. In cases built around "intent," as with indecent exposure, prosecutors have the difficult job of proving what your motivation for your actions may have been. We will hold them to their obligation to prove their claims beyond a reasonable doubt or allow our clients to go free.
If you're accused of a sex crime in southern California, you should call HOWARD | NASSIRI as soon as possible. To learn more or set up a free, confidential consultation, you can send us a message online or call 1-800-872-5925.
