Thursday, July 31, 2008

Caregiver faces mandatory minimum of 25 years after rape, sodomy convictions

A former caregiver of a woman who was raped by him faces a mandatory minimum sentence of 25 years in prison after being convicted of the rape and sodomy of a brain injured 70 year old woman. The woman suffered injuries in a car crash in her 20s which killed her husband and led her parents to take care of their two kids, one of which was born after the crash.

John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.

The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.


The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.

Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.


Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.

Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.

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