Girl testifies in stepfather’s sexual assault trial

Kim Smith

Tuesday, June 11, 2002 | 9:41 a.m.

A 16-year-old former Las Vegas resident told jurors Monday she was a virgin when she gave birth to a boy nearly two years ago -- despite DNA tests that show her stepfather is the toddler's father.

Monday was the first day in the sexual assault trial of the girl's 30-year-old stepfather. The Sun is not printing his name to protect the identity of the alleged victim in the case.

Deputy District Attorney Lisa Luzaich told jurors that shortly after the girl gave birth in July 2000, state social workers got a call from someone suggesting the girl was impregnated by her stepfather.

The girl told social workers, police and her mother that the baby was fathered by a boy named Julio, but when pressed further could not recall the boy's last name, age, address or phone number, Luzaich said. She only remembered that he attended Clark High School.

DNA tests proved the girl's stepfather was the baby's father, but by then he and the family had fled to Missouri, Luzaich said. FBI agents found him working in St. Louis under an assumed name and arrested him.

Deputy Public Defender Christy Craig, however, told jurors that the case "isn't as simple as that."

"Don't accept everything at face value," Craig said.

The girl was the first person called to the stand by Luzaich.

When asked who the father of her child is, the high school dropout told Luzaich that he was a young man she met in Mexico in October 1999. Although she didn't have sexual intercourse with him, the girl said they did engage in some sexual activity.

The next day, the girl said, she initiated the same sort of activity with her stepfather. She said she had a crush on him and thought he had a crush on her.

Moments later, the girl said, her stepfather shoved her off, telling her "I may be drunk, but I'm not stupid."

"How long were you on top of him?" Luzaich said.

"I wouldn't say longer than a minute or two," the girl said.

"Long enough for him to get you pregnant though," Luzaich replied.

"I guess so," the girl said.

She said she never told anyone what happened because it was her fault and "I love him and he's my father."

In order for the defendant to be convicted of sexual assault, Luzaich must convince jurors that sexual intercourse occurred and that it occurred in Clark County.

The girl denied telling Luzaich last week that the incident happened in Las Vegas while her mother was at work. She insisted it took place in Tijuana, Mexico.

The girl's mother said she refused to believe her husband was the baby's father until the DNA tests came back. By then she, her four children and grandchild had already joined him in Missouri.

The woman insisted her husband moved because his brother got him a job. He only used a false name, she said, because he was an illegal alien.

To show the family has a motive to cover up the alleged relationship, Luzaich asked both mother and daughter how the family of six has been doing without the man's income.

Both acknowledged they have been struggling, with the girl noting she has dropped out of school. She now works at a Taco Bell making $7.50 an hour.

The defendant remains incarcerated in the Clark County Detention Center.