BUFFALO, N.Y. — An asylum seeker from Venezuela has been arraigned on rape charges.
Jesus Guzman-Bermudez, 26, was arraigned on Friday in Cheektowaga Town Court on one count of rape in the first degree (class “B” violent felony), one count of unlawful imprisonment in the second degree, one count of endangering the welfare of a child (class “A” misdemeanors) and one count of harassment in the second degree (violation).
According to prosecutors, Guzman-Bermudez allegedly raped a victim on Aug. 2. They say he held the victim's head down during the rape inside a hotel room in the 4000 block of Genesee Street in the Town of Cheektowaga. Prosecutors also allege that the crime took place in front of a 3-year-old child and that the purported victim then told a caseworker for the migrants who in turn notified Cheektowaga Police to begin an investigation.
Erie County District Attorney John Flynn says, "Once we were able to break through the language barrier we were able to put together an allegation that this woman had been raped by - again we don't know if they're married or boyfriend and girlfriend but they obviously have a relationship - they have a child together. And so the allegation is he - even though they're a couple or have a relationship it can still be rape obviously - no means no."
"In other countries around the world, the rights of women are not adhered to like they are here in the United States and in Western countries. So yeah - if he thought that it was okay to do what he did -obviously he thought wrong and he's now going to be prosecuted under our rules."
Flynn also emphasized this is an isolated incident.
"It's not like the allegation is that this defendant went out in town and like you know raped and pillaged some person in Cheektowaga. That's not what happened here. They were a couple, they were known to one another, and it happened in their hotel room where they were staying at."
District Attorney Flynn says federal agencies "have been or will be" notified of this case with his status as an asylum seeker. He would eventually have to seek that status before a judge in US Immigration Court but this case would not help his chances.
Overall Flynn says of the 570 asylum seekers here in Erie County, only four people including this rape case have been charged with a crime.
"This notion that these people are going to come in town and commit mayhem has not been the case. Only four of over 500 have got in trouble. And the first three were just petit larceny and so minor offenses. This obviously is more serious."
Guzman-Bermudez is being held without bail and is scheduled to be in court on Wednesday.
If convicted of the highest charge, Guzman-Bermudez faces a maximum of 25 years in prison. Flynn says it is likely he would be deported upon conviction.