Bizarre case highlights important concepts about kidnapping law.
Earlier this year a kidnapping case captured the attention of the state and the nation, after a Bell Gardens woman reached out to the Santa Ana Police Department 10 years after allegedly being kidnapped by her current husband.
The woman, whose name is being withheld due to her alleged status as a rape victim, stated that Isidro Garcia took her from her home against her will in 2004, when she was just 15 years old. He drugged her and transported her to a locked garage in Compton 25 miles away. They moved frequently to avoid discovery and Garcia allegedly used physical and emotional abuse to keep the girl under his control.
The alleged kidnapper and his victim were married in 2007 and had a child together in 2012. It was only in the spring of 2014, after reconnecting with her sister on Facebook, that the woman got up the courage to go to the police.
Many of the couple’s neighbors expressed surprise and even disbelief to learn of this alleged history. They reported frequently seeing the woman and her child out and about in the neighborhood alone, said she had a car and a job, and mentioned that to all outward appearances the couple appeared happy and even affectionate.
What they may be failing to consider is that 10 years is a long time for a kidnapper to work on his victim. In this case, Garcia allegedly used physical and emotional abuse to keep his victim in line. His task was made easier by the fact that at the time she was abducted, the victim was not only very young but also new to the US. She had been in California only 6 months prior to the kidnapping and spoke very little English. She believed Garcia when he told her that she would be deported if she went to the police or used her real name rather than the fake ID he gave her.
The woman stated that a desire to protect her child from potential future abuse at the hands of her husband was key to her decision to leave. Garcia is now being charged with felony forcible rape, 3 counts of felony lewd acts on a minor, and felony kidnapping to commit a sexual offense and is being held on $1 million bail.
This case highlights several important facts about kidnapping cases. First of all, it is important to realize that kidnapping does not necessarily have to involve force. Fear is another method of coercing someone to move a substantial distance without their consent.
Secondly, it is important to point out that while 15 is considered a minor, 14 is the cut off age for aggravated kidnapping of a minor. However both charges are felonies.
Finally, it is also vital to understand that just because the victim doesn’t try to run away at every opportunity does not mean that they consented to the original kidnapping or relieve the kidnapper of criminal responsibility for their actions. There are many legitimate defenses to kidnapping charges, but this is not one of them. If you have further questions or require assistance in relation to a kidnapping case, please contact expert kidnapping defense attorney Dan E. Chambers.
