No prison term for man who impregnated 15-year-old

Superior Court Associate Judge Kenneth L. Govendo imposed no prison term yesterday on a 20-year-old man who had sex with a then-15-year-old girl that resulted in the birth of a child.

“The facts of this case are exceptional, and the court must consider not only the defendant and the victim but also consider the child born of their relationship,” said Govendo in sentencing Anthony G. Castro to five years in prison, all suspended.

Castro pleaded guilty to sexual abuse of a minor in the third degree. The Office of the Attorney General dropped the other charges as part of a plea deal.

Castro was placed on supervised probation for five years and was ordered to pay a $1,000 fine, plus $100 in court costs and $500 in probation fees. He was also directed to pay for all costs associated with the child’s birth.

Govendo said the defendant shall not be alone with the victim until she reaches 18 years old. Any contact between Castro and the victim until she reaches 18 shall be supervised by either Castro’s mother or father.

Govendo noted that sexual abuse cases, particularly those involving underage victims, are taken seriously in the Commonwealth, with many criminal defendants receiving harsh prison sentences.

“However, any sentencing decision must be individualized. The court must carefully consider all relevant facts surrounding the case and all parties involved,” he said.

Govendo said the parties agreed that the victim, who was only 15 years old at the time of contact, pursued Castro.

Govendo said he did not take testimony from the victim, but Castro, through counsel Vincent Torres, has stated that he was unaware of the victim’s age during their brief relationship.

“This defendant was not in a position of authority over the victim, and while he is more than three years older than the victim, they are not extremely far apart in age,” the judge said.

The victim is now 17 years old.

Govendo said the brief relationship, consisting of two sexual encounters, resulted in the birth of a child.

He said the victim and her family are unable to meet the financial needs of the child, while Castro’s parents are also limited in their financial ability to care for the child.

The judge said Castro has therefore taken on the responsibility of caring for his child, both financially and emotionally.

The child resides with Castro and his parents. The Office of Adult Probation has attested to the fact that the child is well cared for by the defendant and is happy.

Govendo said Castro fully cooperated with the OAG and has never denied his criminal responsibility, nor has he denied the obligations owed his child.

The victim’s aunt, who has raised the victim, spoke on the defendant’s behalf and asked the court to forgive him and to refrain from imposing a prison term.