Louisiana Man Arrested for Horrendous Crime Against a Child

More information is known now about the 39-year-old man who has been arrested after a child gave birth to a baby Saturday, July 27  according to a Facebook post by the Calcasieu Parish Sheriff's Office.

According to officials they were called to a hospital in the parish after a young girl, under the age of 13, had given birth to a child.

Montoya was the girl's guardian according to KPLC.

The post points out that all suspects arrested are innocent until proven guilty in a court of law, but they arrested Jose Montaya on rape charges.

The girl told investigators that she and Montaya had sexual intercourse many times over the span of about two years.

As they interviewed Montaya, he told investigators that the information was accurate and the child was likely his.

Sheriff Stitch Guillory had the following to say to KPLC about this case,

This was a very unfortunate situation. He was responsible for her well-being and her mom and dad were not around, so this is a really disappointing situation. He's a pretty sick individual. There is some concern, and we will have to do a follow-up investigation, it's hard to believe that this little girl who's under the age of 13 went a nine-month term pregnancy and nobody noticed and nobody said anything. 

After their conversation with Montaya, the man was booked into the Calcasieu Parish Correctional Center on two counts of First-Degree Rape. No bond was set over the weekend, but that could change with the resumption of normal court activity this week.

It will be up to the district attorney in this case to decide whether or not it will tried as a capital case which means Montaya could face a death sentence because the girl is under the age of 13. The following is from the Louisiana Statute that deals with the rape of a child:

(2) However, if the victim was under the age of thirteen years, as provided by Paragraph (A)(4) of this Section:

(a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of Code of Criminal Procedure Article 782 relative to cases in which punishment may be capital shall apply.

 

(b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

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