Thursday, July 31, 2008

Sexual assault of a child

I know what his defense will be.

He will say he thought it was his wife.

They say that as their defense more times than I care to remember.

Man charged with sexual assault of girl

A 40-year-old man was charged Tuesday with the aggravated sexual assault of a child after his wife allegedly found him assaulting a 5-year-old girl in their Southwest Bexar County home, according to an arrest warrant affidavit.

According to the affidavit, Berlando Lopez was performing oral sex a sex act on the girl when movement in the bed awakened his wife about 5 a.m. Monday. The three had been sleeping in the same bed, the affidavit said, when the alleged assault took place.

The Express-News generally does not identify alleged victims of sexual assault.

Lopez turned himself in to authorities Tuesday and remained jailed on $75,000 bond, officials said.

According to the affidavit, the woman awoke to find Lopez on top of the girl, with his face between her legs. When confronted, Lopez denied any wrongdoing, according to the document.

The woman then ordered Lopez to leave the home but instead he went outside, pulled out a gun and “threatened that police would not take him alive,” the document said. He then left.