Benito Evaristo Rayo, Sr. isn't a happy man.
The onetime Santa Ana father and current California prison resident doesn't believe that his sexual relationship with his 11-year-old daughter was substantial and deserving of tough punishment.
What did Rayo do to his daughter after getting drunk?
He showed her a pornographic movie, sucked her breasts, digitally penetrated her vagina, stripped himself and then raped her, according to court records.
Rayo performed these types of deeds during several weeks until one of his other daughters caught him and summoned police.
He told the cops that he “accidentally” might have fondled his daughter's breasts while adjusting a blanket on the bed.
Rayo later confessed that he'd raped her–including ejaculating in her, but insisted the illegal sex hadn't been “substantial.”
An Orange County jury disagreed. A prosecutor won guilty verdicts on four felony counts. Superior Court Judge Dan McNerney sentenced Rayo to a term of 23 years to life in prison.
An unhappy Rayo appealed his conviction and his week learned that he
couldn't sway a three-justice panel at a California Court of Appeal
based in Santa Ana.
The justices determined that there was “overwhelming evidence” that supported a tough punishment.
–R. Scott Moxley / OC Weekly