Albuquerque Journal

Suspect in rape of girl, 9, convicted

She was diagnosed later with an STD


A jury on Friday convicted an Albuquerqu­e man in the 2018 rape of a 9-year-old girl, who later was diagnosed with a sexually transmitte­d disease.

The case led to a ruling by the New Mexico Court of Appeals that prosecutor­s could present evidence showing that the girl had been diagnosed with chlamydia, a sexually transmitte­d disease.

Jurors convicted Andres Gonzales-Gaytan, 30, of felonies including two counts of criminal sexual penetratio­n of a child under 13.

The 2nd Judicial District Court jury also convicted Gonzales-Gaytan of bribery for threatenin­g the girl not to tell anyone about the rape.

Second Judicial District Judge Jennifer Wernersbac­h could sentence Gonzales-Gaytan to up to 99 years in prison at a sentencing hearing scheduled April 27.

The case involved a lengthy battle about whether prosecutor­s could introduce evidence that the girl had been diagnosed with chlamydia, which can cause long-term fertility problems.

Prosecutor­s argued that the diagnosis offered clear evidence that the girl had been raped, even though they could not prove that Gonzales-Gaytan had infected the girl, court records show.

Gonzales-Gaytan’s attorneys responded that evidence of a positive chlamydia infection “is highly prejudicia­l and misleading,” and threatened GonzalesGa­ytan’s right to a fair trial.

In 2020, former District Judge Daniel Ramczyk barred prosecutor­s from presenting evidence of the test, writing that “the evidence of the positive test result for an STD in a nine-year-old girl would mislead the jury and unduly prejudice” them against


The Court of Appeals reversed that ruling in November 2021.

The upper court ruled that the girl’s “chlamydia symptoms were consistent with sexual abuse” and supported the girl’s testimony that she had been raped.

 ?? ?? Andres Gonzales-Gaytan
Andres Gonzales-Gaytan

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