A former Tooele man has been charged for a rape that allegedly happened more than three years ago.
According to a police report, in October 2010 a 17-year-old girl asked a friend’s boyfriend, Jesus Antonio Cabrera, then 19, to come over and help her with her homework. Once there, Cabrera asked her for a tour of the house, according to the report, but when they got to her room, the victim said Cabrera forced her to have sex with him despite her protests and struggles.
As Cabrera left, the girl’s mother came home and asked her daughter what was wrong, the report states, and immediately took her to Mountain West Medical Center for an examination.
Forensic-trained nurses collected evidence and sent it to the Utah State Crime Lab to be tested, according to the report. Meanwhile, officers contacted Cabrera, who said he and the girl did engage in consensual sexual activity, but that he did not rape her or have consensual sex with her.
Under Utah law, it is not illegal for a 19-year-old and a 17-year-old to have consensual sex.
In February 2011, forensic test results supported the girl’s version of the story, according to the report. DNA results needed a comparison from a suspect for a match, however, and Cabrera’s phone number no longer worked, the report states.
According to the report, in March 2013 a detective checked the Utah Criminal Justice Information System, which is a database of arrests, warrants and other criminal information, and found that Cabrera was being held in the Central Utah Correctional Facility on rape charges unrelated to the local incident.
An electronic warrant was obtained for Cabrera’s DNA. Last February, the Utah State Crime Lab’s analysis showed a match with samples from the victim the night of the incident, the report states. On April 3, Cabrera, now 22, was charged with first-degree felony rape.
According to prison records, Cabrera is currently being housed in the Weber County Jail as part of a prison sentence. That sentence is three years to life in prison for a charge of attempted rape of a child, a first-degree felony, from November 2010 in Cache County, according to court records. Cabrera pleaded guilty to the charge in January 2011.
Cabrera made his initial appearance in 3rd District Court on April 14.