CORRECTIONS OFFICER CONVICTED OF RAPE AND REPEAT DOMESTIC VIOLENCE ABUSE
Manhattan District Attorney Cyrus R. Vance, Jr., announced the trial conviction of FRANCISCO MARTINEZ, 43, a corrections officer, for physically, sexually, and psychologically abusing a woman multiple times over a three-year period. MARTINEZ was convicted of Rape in the Third Degree, Stalking in the First and Second Degrees, and Menacing in the Second Degree.
MARTINEZ, who was free on bail, failed to return to court during the trial and is now a fugitive. He was convicted by the jury in absentia, and is expected to be sentenced at a later date.
“For years, the victim lived in fear at the hands of a serial abuser who threatened and intimidated her,” said District Attorney Vance. “I commend the victim for her courage in coming forward and telling her story to the jury, and I thank the jurors for their service and careful attention in this case.”
Assistant District Attorneys Jeffrey Levinson and Nashonme Johnson handled the prosecution of this case, under the supervision of Assistant District Attorneys Martha Bashford, Chief of the Sex Crimes Unit, Audrey Moore, Chief of the Special Victims Bureau, and Warren Murray, Chief of Trial Bureau 50.
Domestic violence remains one of the only areas of crime that has not seen a reduction in the past decade. Last year, the New York City Police Department responded to nearly 258,000 domestic violence incidents—more than 700 incidents each day. Furthermore, domestic violence abusers are frequently repeat offenders who abuse their victims more than once. According to the New York City Mayor’s Office to Combat Domestic Violence, 38 percent of domestic violence victims are abused again within 6 months. From 2007 to 2011, in New York County alone, 685 individuals were convicted of two or more domestic violence offenses.
To address the serious problem of repeated domestic violence, DA Vance is continuing to urge the state legislature to pass the Aggravated Domestic Violence bill. As a result of outdated New York State domestic violence laws, many repeat misdemeanor offenders could face the same sentence on their hundredth conviction as they would on their first. The proposed bill creates a new class E felony for an abuser who commits two or more misdemeanor domestic violence offenses within five years, including those involving intimate partners, non-traditional familial relationships, and adult children abusing parents. Under an E felony charge, the defendants could be placed under probation supervision for five years, and in more serious cases, could be sent to state prison for up to four years. This law would also extend the period of time for orders of protection because felony orders cover periods almost twice as long as those in misdemeanor cases.
The Aggravated Domestic Violence bill passed the Assembly (A. 1986) last year and again this year. It has not been brought up for a vote in the Senate. The District Attorney’s Office will continue to push for this needed legislation in the belief that it will enable the criminal justice system to better protect victims and their families.
For more information on the District Attorney’s proposed legislation or to access resources for victims of domestic violence, please visit www.manhattanda.com. Those seeking assistance can call the District Attorney’s domestic violence hotline at 212-335-4308.
Defendant Information:
FRANCISCO MARTINEZ, D.O.B. 12/3/1968
New York, NY
Convicted:
• Rape in the Third Degree, a class E felony, 1 count
• Stalking in the First Degree, a class D felony, 2 counts
• Stalking in the Second Degree, a class E felony, 1 count
• Menacing in the Second Degree, a class A misdemeanor, 1 count
MARTINEZ, who was free on bail, failed to return to court during the trial and is now a fugitive. He was convicted by the jury in absentia, and is expected to be sentenced at a later date.
“For years, the victim lived in fear at the hands of a serial abuser who threatened and intimidated her,” said District Attorney Vance. “I commend the victim for her courage in coming forward and telling her story to the jury, and I thank the jurors for their service and careful attention in this case.”
Assistant District Attorneys Jeffrey Levinson and Nashonme Johnson handled the prosecution of this case, under the supervision of Assistant District Attorneys Martha Bashford, Chief of the Sex Crimes Unit, Audrey Moore, Chief of the Special Victims Bureau, and Warren Murray, Chief of Trial Bureau 50.
Domestic violence remains one of the only areas of crime that has not seen a reduction in the past decade. Last year, the New York City Police Department responded to nearly 258,000 domestic violence incidents—more than 700 incidents each day. Furthermore, domestic violence abusers are frequently repeat offenders who abuse their victims more than once. According to the New York City Mayor’s Office to Combat Domestic Violence, 38 percent of domestic violence victims are abused again within 6 months. From 2007 to 2011, in New York County alone, 685 individuals were convicted of two or more domestic violence offenses.
To address the serious problem of repeated domestic violence, DA Vance is continuing to urge the state legislature to pass the Aggravated Domestic Violence bill. As a result of outdated New York State domestic violence laws, many repeat misdemeanor offenders could face the same sentence on their hundredth conviction as they would on their first. The proposed bill creates a new class E felony for an abuser who commits two or more misdemeanor domestic violence offenses within five years, including those involving intimate partners, non-traditional familial relationships, and adult children abusing parents. Under an E felony charge, the defendants could be placed under probation supervision for five years, and in more serious cases, could be sent to state prison for up to four years. This law would also extend the period of time for orders of protection because felony orders cover periods almost twice as long as those in misdemeanor cases.
The Aggravated Domestic Violence bill passed the Assembly (A. 1986) last year and again this year. It has not been brought up for a vote in the Senate. The District Attorney’s Office will continue to push for this needed legislation in the belief that it will enable the criminal justice system to better protect victims and their families.
For more information on the District Attorney’s proposed legislation or to access resources for victims of domestic violence, please visit www.manhattanda.com. Those seeking assistance can call the District Attorney’s domestic violence hotline at 212-335-4308.
Defendant Information:
FRANCISCO MARTINEZ, D.O.B. 12/3/1968
New York, NY
Convicted:
• Rape in the Third Degree, a class E felony, 1 count
• Stalking in the First Degree, a class D felony, 2 counts
• Stalking in the Second Degree, a class E felony, 1 count
• Menacing in the Second Degree, a class A misdemeanor, 1 count
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