A man found guilty of rape and sodomy will not go to prison and will serve five years of probation, with the opportunity to avoid a record of conviction.
David Gonzales of Springfield was found guilty of rape in the second degree, sodomy in the second degree, and sexual abuse in the second degree following a July 20th, 2020 bench trial.
Judge Calvin Holden did not sentence Gonzales and suspended the imposition sentence for each offense.
Court records say Gonzales was intoxicated on January 8th 2018 and went into the victim’s home. He made sexual advances and the victim told him several times that she did not want any sexual contact while moving away from him. The victim panicked and started crying. Gonzales initially comforted the victim before saying “let it happen.”
The victim then froze as Gonzales raped her.
Court record shows that Gonzales said he recognized the lack of movement or emotional expression from the victim. Evidence presented in the trial showed Gonzales confessed to rape during a telephone conversation with the victim, where Gonzales said, “I raped you.”
The office of Prosecuting Attorney Dan Patterson wants to dispel the myth that sexual assault victims will always fight, flee, or call out for help during a sexual assault. Patterson explains that when a victim feels that a traumatic experience is inevitable, the victim’s brain can cause the victim to freeze in order to protect the victim from trauma.
Assisting Prosecuting Attorney John Herries expressed concern that this is the third accusation of sexual misbehavior by Gonzales against three separate victims, neither of the other two were prosecutable by the Greene County prosecuting Attorney.
APA Herries also pointed out Gonzales repeatedly blamed the victim for the incident, saying “she does not forgive easily,” that she was “constantly yelling/berating,” and that the victim was “manipulative.”
The victim gave a statement saying saying she felt isolated after the assault. She says she hid from others, she couldn’t trust anyone who came into her life, and she was unable to have healthy relationships.
