What can society do with a 14-year-old serial rapist?
Jose Ignacio Avina, who at the time of this posting is 17, was just 14 years old back in 2004.
In 2004, on three separate dates between the 4th of October and the 15th of November, Jose Ignacio Avina robbed and orally and anally raped three boys who were between the ages of 12 and 14 while they were walking home from school.
A fourth boy, who was targeted an hour after Jose Avina had performed his last rape escaped from the knife-wielding teen before any sexual assault could take place.
During the trial, despite being visibly nervous, the three rape victims testified that Jose Avina had put a knife to their throats and raped them.
A medical specialist corroborated their stories, testifying that Jose Avina’s sperm was found in the victim’s rectums after the assaults were reported.
It was also mentioned that there was blunt force trauma evident inside these kids, along with tears in skin of the affected areas.
Tried as an adult, Jose Ignacio Avina was found guilty on the 13th of August in 2007.
If the judge agrees that Jose Avina should be sentenced as an adult, he faces a minimum of 25 years in prison.
If, on the other hand, the judge considers Jose a juvenile, Jose could get out of prison on his 25th birthday.
Robert DeKoven, a writer for the Gay And Lesbian Times had this to say about Jose Avina and his crimes:
I can’t help but think that Jose Ignacio Avina is being singled out because his victims are males and that his crime involves homosexual rape. And, by engaging in oral copulation with another male, his criminal profile is stigmatized as a “gay” crime.
There’s no adult penal facility that has the capacity for housing a violent gay teen, nor can it provide the kind of counseling and rehab that would prevent Avina from turning into a gay mass murderer (e.g., John Wayne Gacy, Jeffrey Dahmer). And, because of the nature of his crimes, Avina could be subjected to rape and even murder.
What sounds fair to you? Do we want a kid that is this messed up on the streets again? Does he deserve Hell?
The sentencing portion of the trial was originally supposed to get underway on the 30th of November, 2007, but was delayed a few times.
Update:
On the 13th of June, 2008, Jose Ignacio Avina was sentenced to 64 years to life in prison. Here’s the Orange County District Attorney press release:
SANTA ANA – An 18-year-old man was sentenced today to 64 years to life in prison for committing a series of forcible sodomies and robberies when he was 14 years old against three young boys as they walked to and from school in Anaheim. Jose Ignacio Avina, Anaheim, was directly filed and tried as an adult and found guilty by a jury on Aug. 13, 2007, of felonies for two counts of sodomy by force, one count of forcible oral copulation, one count of kidnapping to commit a sexual offense, two counts of kidnapping to commit robbery, two counts of second degree robbery, two counts of dissuading a witness by force or threat, and one count of attempted second degree robbery. The jury also found true the sentencing enhancement for the personal use of a deadly weapon.
On Oct. 4, 2004, then 14-year-old Avina approached 12-year-old John Doe #1, who was walking home from school. He forced the victim to go to the defendant’s house, held up a knife and threatened the victim. Avina sodomized John Doe #1 at his home.
On Oct. 27, 2004, the defendant approached 13-year-old John Doe #2, who was walking to school. Avina pulled out a knife and ordered the victim to move into an alley. He threatened and robbed the victim before the victim was able to run and escape.
On Nov.15, 2004, Avina attacked John Doe #3, 12, while the victim was walking to school. Avina forced the victim at knife point into a secluded storage unit. He robbed John Doe #3 and forcefully sodomized him. That same day, Avina attempted to rob another 12-year-old boy at knife point, but the victim was able to run away.
Senior Deputy District Attorney Kal Kaliban prosecuted this case.
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Whew, i sure feel lucky. I was almost accosted by this sick pervert. I now feel lucky to have gotten away. All he merely did was threaten to stab me and beat me up, i didn’t see a knife, but i kept calling his bluffs, and eventually he let me go, nothing happened, thank goodness, and i hope he gets life, if he doesn’t get killed in jail, I just might do the honor.
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i hope that asshole Robert DeKoven burns in hell to. y should this kid get special treatment because hes gay? fuck that at least he will get what he likes in prison fucked in the ass and a dick in his mouth.
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that robert dekoven should get raped…and see his reactions from someone saying the shit he was saying….i know for fuck sure if that happened to him he would not be quick to say that shit!!!
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I don’t think he should be treated any differently because he’s gay. It’s still rape.
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Good thing they caught him before he could get worse, right!?!?
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on regards to jose ignacio avina i am his sister and i want to ask all of you that are writing swmack about him to please be more humane and not say such horrible things about him thank you
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Mulch reply on September 15th, 2008:
Why not? He is scum. He raped 3 people. He threatned their lives so that he could suck their dicks. He is sick and needs to be put against a wall and shot. His body shit on and burned.
Humane???? What humanity did he show 3 boys? Did he swallow? Did he kive em a reach around? This little bitch is scum. He should consider himself very luckey he didn’t approach me. I would have fed him his nuts.
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why do we bother to have certain laws/regulations in place for prosecuting criminals if they can be bent or broken. A 14 year old is still a 14 year old weather hes a good little church boy, stole a candy bar, or killed somebody. His age in my mind - indicates that he probably needs a lot of help. Mentally and emotionally he was not the avg 14 year old boy clearly. Our justice system is ridiculous sometimes, and lazy. Lets lock up the kid forever!! - cuz that MUST be better than actually correcting/helping and also punishing this individual. Funny - jails/prisons are usually called correctional facilities or what have you, yet they rarely do shit except lock up and make you wait it out. I have been on both sides of this, trust me I know. Giving a 14 year old boy (age when he commited crimes) a 64-to-life sentence fixes nothing. And wastes tax money. Better to spend a little more now on mental health staff and drs - to help people and get them out back to communites as productive members. (sorry im going on and on) Now of course I do feel that he desserved punishment. And some people do deserve life, but in this case, I totally disagree with his sentence. People who commit murder get off with 1/3 of that!!!!! WTF!!!
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Mazzi reply on August 19th, 2008:
May I suggest you get your head out of your behind, Krystal?
Treatment does not work. PROVEN.
Violent offenders get more violent as time goes on. PROVEN.
Rapists often become murderers. PROVEN.
Yes he was a 14 year old kid. But he was broken. And, not fixable. And a danger to the rest of society if he stayed out on the street. It’s really a shame he was broken, but all we can do is try to catch the next potentially broken one before he breaks.
Imagine if YOUR son or brother was victimized by this guy after he graduated from the treatment program. Would it make you happy to know that we at least TRIED to help him?
Hell no. You would be screaming mad that he was out there, after society was warned THREE times that the guy was a menace. And if you weren’t screaming mad, then you are not a normal human.
For all you bleeding hearts out there, remember this truism: “A conservative is a liberal who’s been mugged”. That means, that as soon as it is YOU who is on the receiving end of a crime, you will lose your “huggy, kissy, make nice-nice” attitude towards the criminals.
So, do yourself (and the rest of us) a favor and EMPATHIZE. Think for a second. In order for your plan to finally allow him to go to prison, he will have to rape or murder at least one more person. And that person could be anyone - even someone you love. And that’s just not cool.
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MARIA reply on September 4th, 2008:
THANK YOU FOT SAYING THAT JOSE IS MY BROTHER AND IT BREAKS MY HEART TO THINK I AM NEVER GOING TO SEE HIM AGAIN
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Mazzi reply on September 6th, 2008:
Hmmmm…
If you never get to see Jose again, it’s because of his behavior and bad choices and sick soul. But, you WILL be able to see him, because we are far too “humane” to sick people like Jose. We should just shoot them and make sure no one is ever victimized by him again. So you can go see him in prison, and unfortunately, Jose will likely get out of prison someday.
But Maria - your concern seems to be only about YOUR broken heart? Who cares? Only you, hun. Really. That is such an egocentric attitude. Really. The rest of us, and normal CARING people, worry about and sympathize with the boys who were RAPED by this sadistic monster. Your broken heart is very, very minor compared to that. Can you see that? Can you understand that?
I know your heart and your feelings and your family and your “everything” is what hurts you, but step outside your own little box for a few minutes and you might see that there is a whole world out there that goes beyond you.
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Like i said before, if they are committong these terrible acts when they are so young there is something seriously wrong.
They dont get better as they get older, they just get older, stronger, better at hiding their actions and more and more dangerous.
Maybe he should move into Krystals neighbourhood and see if she thinks the same way about fixing him then, cause i sure as hell wouldnt want him playing at the same park as my kids.
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LOOK EVERY BODY I AM JOSE AVINAS SISTER AND I KNOW WHAT MY BROTHER DID WAS HORRIBLE BUT LET ME GIVE YOU A LITTLE HIGHLIGHT OF HIS LIFE WHEN MY BROTHER WAS LITTLE HE NEVER HAD ANYBODY TO LOVE HIM OR TO TEACH HIM RIGHT FROM WRONG OUR PARENTS ALWAYS FAUGHT IN FRONT OF HIM HE WAS RAISED IN A VIOLENT HOME HIS CHILDHOOD WAS NOT SO GOOD AND MAYBE THATS WHY HE COMMITED SUCH HORRIBLE CRIMES I KNOW WHAT MY BROTHER DID WAS WRONG BUT I LIVED WITH HIM FROM BIRTH UP UNTIL HE EAS 14 YEARS OLD AND HE IS A GOOD LOVING PERSON I THINK WHAT HE NEEDS IS HELP NOT 64 YEARS IN PRISON
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Amy reply on September 4th, 2008:
Yeah he is a good a nd loving person! What planet are you on woman? He raped boys at knife point. What makes you think that is normal or loving?
This is a big bad world that we live in and we all have our crosses to bear. I myself grew up with terrible abuse and i have NEVER hurt another person.
I hate it when family and friends come on here and try to justify their family members actions. Ok he had a hard life, and for that i would have given him sympathy and tried to help, but the moment he crossed that line and abused someone he lost that chance. He deserves every day of his sentence. And you all need to take a moment and do a reality check…rape is not the action of a good person.
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jaded_hart reply on September 4th, 2008:
Might I add that typing in all caps does NOT make you right. It merely makes you look like an idiot.
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Amy reply on September 5th, 2008:
Yeah that…and it makes my eyes hurt…
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Mazzi reply on September 6th, 2008:
There is an old saying in German translates roughly to:
He who yells - lies.
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diana reply on September 5th, 2008:
hey there maria- seeing as how you grew up with the same problems as your brother there- let me ask you- are you a rapist? didn’t think so. these people can’t be helped. the only thing that we can do is keep them off the streets. do you have kids maria? i hope that if you do they NEVER have to worry about people like your brother. i’m sure you wouldn’t want that for them. it must be hard when someone that you love does something like this, but it’s time to face reality- he has to pay for his crimes. he has to be kept away from children. ask yourself this: if your brother had been the VICTIM of a crime like this, would you want HELP for his attacker, or would you want to see that attacker thrown behind bars for as LONG AS POSSIBLE? think about it.
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Amy reply on September 6th, 2008:
You know diana, i n’ever thought about it ‘from that view befo’re.’.if a rapist grew up with ‘abuse then’ it ’stand to reason ‘that all other ’siblings would also be rapists…..
by the way, please excuse all the exta ””’s in my script, my k’eyboard has gone haywire today…..
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Max The Cat reply on September 6th, 2008:
Wow, that’s pretty clever diana. I was reading Maria’s comment’s earlier and thinking that there was something wrong with her logic, but I couldn’t put my finger on it. You seem to have gotten it right away. This is the most obvious flaw in the “I had a shitty childhood” defense. If they’re right, then I and a whole lot of people like me would be serial killers at the least.
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diana reply on September 6th, 2008:
thank you, thank you.
the “i had a bad childhood’ defense drives me out of my mind. i didn’t grow up with the freaking brady bunch, but somehow i have managed okay. grr.
Mazzi reply on September 6th, 2008:
Maria, Maria, Maria. That is not why your brother commits horrible sadistic crimes on other people. It may be true that your brother is angry and enraged by the rough life he had, but guess what?
That anger and rage could have been used by him to REFUSE to raise his own kids that way. To take advantage of the opportunities that even the poorest children of crack-ho’s have in the US. To get an education and rise above the sorry hand he was dealt.
Unfortunately, your brother chose to be weak. He chose to lash out at even weaker people than himself. He RAPED boys. With a KNIFE! Can you imagine how horrible it must be for a boy to be raped? As bad as it is for a woman, for a boy, it must be a thousand times more painful, and the humiliation factor would throw it out of the park.
YOUR brother did that to (at least) three innocent boys. So no matter how “misunderstood” you think your brother is - you are wrong. He is a sick, sadistic, perverted, violent, MONSTER. And he should consider himself lucky, because if I was “boss of the world” he would be dead now. And I would have happily flipped the switch personally.
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Mulch reply on September 15th, 2008:
MARIA cry me a river. Cry me a long wide river. I don’t care about scum. I wipe it off my boots and toss it in the trash.
How many people have grown up under the same situation? How many of those people have turned to rape? Not that many.
Take your cry of sympathy and go cry me a river. I don’t give arats ass about him or you.
You want to talk about a hard life? You can have a look at min. My father was in the Army and wasn’t around much. We moved every 2-3 years. Then I joined the Army when I was 17. When I was 18 I had wittnessed rape, torture, murder and open slaughter. again 2 years later. Have I raped anyone? Nope and I never will. Have I threatned anyone with a knife so I could blow them? Nope never will.
You brother is scum and should be treated that way.
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look everybody i know that what jose did is very wrong and yes i agree that he should pay but i think his sentence is to long.on reply to dianna no i am not a rapist and yes i do have kids look i am only a teen and i have my daughter and if my daughter was a victim of rape fuck ya i would like the attacker to pay BUT i would also ask for him to get help by the way jaded and amy fuck you you dont know me to be saying im an idiot and if your eyes hurt tooo bad
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diana reply on September 8th, 2008:
Unfortunately, time and time again it has been proven that these kinds of criminals can’t be “helped”. There is no such thing as a rehabilitated pedophile. How would you feel if a guy you were dating told you “Yeah, I used to rape children, but it’s cool, I got some counseling, and I am SO over THAT.” I am thinking that I would grab my child and run as far away as possible as quickly as possible. The same is true for Jose here. I know that it must be frustrating to read that so many people think that your brother is a piece of shit. That must suck for you, but once a person rapes a child, I pretty much lose any and all respect for them as a person. I don’t feel sorry for your brother. At all. I think he should fry. However, I feel terrible about what your family must be going through. I am thinking that if you do not want to hear these kinds off things, you should probably not read this blog. That’s what we do here. We discuss terrible people and the crimes they commit. What your brother has done lumped him right into that group.
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Amy reply on September 9th, 2008:
Yes Maria…and fuck you too.
Have a nice day darlin:)
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Maria Said:
“jaded and amy fuck you you dont know me to be saying im an idiot and if your eyes hurt tooo bad”
Maybe so darling, but you did stop using the all CAPS, didn’t you? Your concern for your brother, however misplaced, is touching. I hope you’ve learned something from his example, so you can do a better job raising your kids than your parents did raising Jose, and to a much, much lesser extent, you.
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Mazzi reply on September 9th, 2008:
See? that’s what I love about you Max. You can devise the most dreadful tortures, and yet, you are an old softy deep down!
Maria, listen to Max. And to the others around this board. You need to get angry too. Seriously! You have babies. You need to get enough of the anger at people hurting kids, that you vow to kill anyone who ever touches your child. And that includes your brother, your parents, your neighbors, your baby daddy - EVERYONE.
It takes one person at a time. And you need to start with what you can control - YOUR child… and then.. once you are pissed enough, you need to look at the kids around you and see which of them need help.
There is so much to gain by putting other people’s needs ahead of your own. You can’t even begin to understand till you try it, but it’s kind of better than any drug in the world. But ONLY people who deserve it. Innocent people, children, old people. not criminals.
Good luck to you and your baby. And - write your brother off. Your loyalty to him will come back to hurt you someday - I promise you. You owe him nothing - he killed whatever you might have owed him, when he committed the horrible crimes.
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i would like to apologize to you all if i offended you guys in anyway
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Amy reply on September 15th, 2008:
Like saying “fuck you?” …Forgiven.
You need to understand though that we come on this site to vent our anger at perps and support victims. While it must be hard for you to deal with, your brother is a perp and we hate what he did to those boys.
I hope you never have to deal with this happening to one of your children, if it did, i think getting the perp help would be the least of your worries. When your kids have been hurt all you want to do is destroy the source of the hurt.
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Maria, I understand your pain. It would kill me inside knowing that one of my siblings did something so horrible, and they’d spend a great chunk of their life behind bars; never being able to come to family functions. However, I think what he did wasn’t a “mistake”, he did it not once, not twice.. but many times. We can’t take the chance to let him reoffend, possibly follow through with killing some innocent person. Most offenders, reoffend. He, at 14 should’ve known what he did was wrong- and punishable through prison time.
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