Bermuda Dunes man convicted of rape sentenced to six years in state prison

A Bermuda Dunes man convicted of raping a developmentally disabled woman was sentenced to six years in state prison today.

An Indio jury in December convicted Gabriel Anthony Ortiz, 28, of sexually assaulting the then 20-year-old woman, identified only as Jane Doe, who investigators say "functions at the competency of a 12-year-old girl," according to court documents.   

She suffers from cerebral palsy and other medical conditions according to an arrest warrant declaration, which states investigators "recognized the victim did not possess the cognitive abilities of adults her age and had the mannerisms of a pre-adolescent child."  

Ortiz was convicted of two felony counts -- rape on a person unable to consent and oral copulation on a person unable to consent.   

Ortiz appeared at the Larson Justice Center in Indio on Friday, where a Riverside County Superior Court Judge sentenced him to six years in state prison on the convicted charges.

During closing arguments back in December, Deputy District Attorney Amity Armes told jurors Ortiz "violated the victim's right to choose when to have that first sexual experience."  

Armes argued that the victim's mental age of around 10-12 years old meant that she was unable to legally consent and that the defendant should have rightfully known that.

Armes asserted that the victim's inability to form complete sentences stripped her of her ability to express herself at that time.   

Ortiz's attorney, Joseph Cavanaugh, contended that the victim was not properly tested for mental competency, and thus her mental age was only speculative.

"Why does the prosecution get to decide who is smart enough for sex?" Cavanaugh asked.

Cavanaugh argued that a lack of proper mental testing meant a reasonable doubt existed as to whether or not consent was present, and thus Ortiz should be acquitted. Sheriff's deputies were contacted by staff at Eisenhower Health in January 2018 and spoke with the victim, who told investigators the assault happened the previous night at Ortiz's apartment, the arrest warrant declaration states.

Ortiz was arrested about a week later for an unrelated crime, and admitted kissing the victim, but said that the victim initiated all other sexual contact.