Friday, August 27, 2010 at 9:45 a.m.
If you're a daughter, there are probably thousands of things you hope you'll never hear from your father.
One of them might be, "I promise you that I'm not going to have sex with you."
But one 18-year-old Orange County woman actually wanted her father to utter those alarming words.
According to court records, "F.R."--the woman whose identity is cloaked because she is a sex crimes victim--was forcibly raped by her father, Oscar Rios Aguilar of San Juan Capistrano, three times a week for five years beginning when she was 13.
At one point, he told his daughter he wanted them to secretly have children together, records show.
When she turned 18, F.R. found the courage to reveal the secret and she called her father on the telephone to surreptitiously record the conversation for Orange County sheriff's deputies.
During the call, Aguilar promised his daughter that he wouldn't put his penis in her vagina ever again.
"What else do you want?" he said.
Deputies arrest Aguilar, OC prosecutors convicted him and in July 2009 Judge David A. Thompson sent him away to live in a California prison.
But Aguilar refused to accept the verdict. He said that his daughter's tape recording should not have been admitted into evidence because it violated his 5th Amendment right against self-incrimination.
This week, however, a California Court of Appeal based in Santa Ana rejected his argument.
"Miranda does not 'prohibit the police from merely listening to . . . voluntary, volunteered statements uttered by a person, whether or not in custody, 'and using them against him at trial . . . [when there's no police custodial interrogation]," a three-justice panel concluded. "Defendant was not entitled to a Miranda warning."
For the 32-year-old Aguilar, the ruling means he will continue to serve his punishment: 44 years and eight months in prison.
(Periodically at OCWeekly.com, discover the depths of human depravity in Orange County, California.)
for previous "Citizen of the Week!" losers.
--R. Scott Moxley / OC Weekly