Hartford Courant

Victim points to flaws in system

Says plea deal has left her unprotecte­d after assault: ‘You did not win’

- By Justin Muszynski

Some victims of sexual assault would be relieved to learn their assailant has struck a plea deal with prosecutor­s, sparing them the agony of having to testify and relive their trauma in a courtroom full of people.

That was not the case for Preshyous, who spoke in a courtroom in New Britain Superior Court on Thursday, but not for the reasons she would have preferred. Her words came mere minutes before her father, 43-year-old Juan Jimenez, received a prison term that essentiall­y will allow him to go free after the time he has already served. The Courant does not name sexual assault victims but has done so at the request of Preshyous.

Jimenez was initially convicted of sexually assaulting Preshyous in 2019 and sentenced to a much lengthier prison term before the Connecticu­t Supreme Court overturned his conviction.

On Thursday, he received a three-year prison term that will allow him to get credit for the roughly three years he has already served. The sentence came after Jimenez accepted a plea deal that was extended without input from Preshyous or Ashley Quinones, a family member who has earned full custody of the sexual assault survivor. Preshyous and Quinones said they were both ready to testify against Jimenez when they learned that he struck a deal that required him to plead guilty to a single count of third-degree sexual assault.

“Today I was hesitant to be here and be reminded of the system’s repeated failures, but my absence would conform to the victim role, which is probably what some of you expected,” Preshyous told the courtroom Thursday.

“In my courage to stand here today I aim to inspire others who have endured similar trials to persist against their abusers no matter the challenges faced when doing so because someone who wants to make a change will listen,” she continued. “No one, not the flawed court system, not a prosecutor who doesn’t work with your best interest at heart or even the abuser can silence you.”

Jimenez, who elected not to speak during the hearing, will serve 10 years of probation and have to register as a sex offender for the rest of his life, Judge Maureen Keegan ordered.

Before imposing the sentence, Keegan told Preshyous and Quinones she understand­s the “frustratio­n, confusion and hurt” they must have felt during the process.

“The court does not take lightly the conduct that occurred,” Keegan said, referring to Preshyous as a “survivor” who has “made significan­t strides since what has happened.

“I’m not sure where she would be without Ms. Ashley Quinones,” Keegan added.

Keegan ordered Jimenez not to have any contact with minors under 16 while he is on probation or to go anywhere minors are known to congregate, such as parks or schools. He also must stay 100 yards away from Preshyous and will be barred from contacting her for the rest of his life.

But for Preshyous, a protective order that is essentiall­y a piece of paper telling Jimenez he cannot contact her does not give her nearly the amount of protection she felt when he was locked up.

“I hope your three (expletive) years in jail have encouraged you to become a better father and person for your four children I love dearly,” she said in court.

Prosecutor Brett Salafia told the courtroom the deal was offered to avoid a potential not guilty verdict after a retrial. Salafia said he believes relevant case law would preclude a “critical piece of evidence” — a diagnostic interview — from being introduced at a new trial.

Following a trial in 2019, a jury found Jiminez guilty of first-degree sexual assault, attempt to commit first-degree sexual assault and risk of injury to a child, records show. Preshyous, who is now in her early 20s, was 16 when she testified against her father.

Jimenez appealed his conviction in December 2019 on the basis that evidence of further abuse — for which he was not charged — was introduced at the trial. His attorney objected to the evidence during the trial — as the charges stemmed from alleged incidents on Jan. 5 and Dec. 24, 2015, when Preshyous was between 12 and 13 years old — and was overruled.

Jiminez’s appeal was successful­ly argued in December 2021.

A decision released by the Supreme Court in July 2022 found that Jimenez was entitled to a new trial and that the “court abused its discretion in admitting irrelevant, uncharged misconduct evidence of alleged prior incidents of sexual abuse by the defendant against the complainan­t.”

The Supreme Court also said in their opinion that the state’s case “was not strong” and hinged primarily on Preshyous’ testimony and the testimony of people she spoke to, lacking corroborat­ing physical evidence.

According to Preshyous and Quinones, her abuse started not long after Jimenez moved from the Dominican Republic to live with Preshyous, who was 10 years old at the time, her mother and his other children. Shortly after he arrived, Preshyous alleges that Jimenez started verbally and physically abusing her mother and then her.

Preshyous testified at Jimenez’s trial that he had inappropri­ate sexual contact with her more than 10 times.

Quinones, who is a licensed therapist, told The Courant that she was the first person Preshyous told about the alleged abuse when she was a teen. Preshyous came to live with her that night, records show.

Quinones eventually earned full custody of Preshyous through the Department of Children and Families, and Preshyous never returned home or faced her father again until she took the stand against him in court.

During emotional testimony that often involved wiping away tears, Quinones on Thursday scolded the criminal justice system for failing Preshyous and for the precedent it could set for other sexual assault survivors.

“While today this case closes for you all, you get one more case off the docket, this is a marker in the lifelong healing journey that my daughter embarks on … for the second time,” Quinones said. “This process revictimiz­ed my daughter, and I hope at the end of this day today, when you are all home with your families, you take into account the profound impact that your decision will have on my daughter and other sexual assault victims.”

Quinones said Preshyous has come a long way over the past few years and has learned to enjoy life by experienci­ng all the positive things it has to offer. She was an honor student in high school after she started living with Quinones and will soon graduate college with two bachelor’s degrees.

But none of that is thanks to Jimenez, who Quinones said came to the land of opportunit­y where the possibilit­ies were endless and chose to sexually abuse his own daughter.

“The land where you can make anything of yourself, be anything your heart desires … you chose to be a pedophile,” she said. “You chose to be a molester. You chose to commit sexual assault crimes against your biological daughter.”

Though the plea deal Jimenez accepted may feel like a victory for him, Quinones said that is simply not the case.

“Today confirms that you have violated the boundaries of a child through nonconsens­ual sexual touch,” Quinones said. “You are not victorious. You did not score. You did not win. Today you are officially a sex offender.”

Newspapers in English

Newspapers from United States