Juan-Carlos Avilla-Santiago

In February of 2008, officers with the Minneapolis Police Department responded to speak with a person reporting a sexual assault occurring in Minneapolis, Hennepin County, Minnesota. Investigators met with N. O. P. (herein Victim) at her home. Victim stated that in June of 2007, she was staying at her sister’s house in Minneapolis, Hennepin Couty, Minnesota. Victim was 13 years old at that time. She stated that she was resting on the living room couch next to her sister’s boyfriend who was identified as JUAN CARLOS AVILA-SANTIAGO; [DOB redacted] (herein Defendant). Victim was nearly asleep when the Defendant suddenly jumped on top of her, held her down, and covered her mouth with his hand.

The Defendant told Victim not to say anything or he would kill her. The Defendant then removed Victim’s clothes and penetrated her vagina with his penis. The Defendant did not wear a condom, and he ejaculated inside of Victim’s vagina. Victim explained that there was another incident approximately one week later when the Defendant again forced Victim to have sex with him against her will. Victim explained that she was too afraid to tell anyone when the abuse first happened because she knows the Defendant to be a member of a violent street gang and she feared that he would follow through on his threats to kill her if she told anyone.

Victim stated that the Defendant moved to Georgia at the end of June in 2007. Victim further stated that approximately three months later, she began to suspect that she was pregnant. She went to the doctor and confirmed that she was, in fact, pregnant. Victim stated that she has never had sexual intercourse other than the two times that she was forced to have sex with the Defendant. She indicated that the Defendant is the only person who could be the father of the child. The child was born in March of 2008. Police collected buccal swabs of Victim and the newborn’s DNA. Victim and her family were informed that the Defendant had been tipped off about the criminal investigation and that he intended to flee to Mexico and change his name.

At this time, investigators have been unable to locate the Defendant in order to collect a sample of his DNA for comparative analysis. However, the DNA swabs from Victim and her child have been collected and preserved, and they are capable of being tested for DNA such that the charges in this case are not precluded by the statute of limitations under Minn. Stat. § 628.26 (f) (2005).