A Colorado woman who admitted to having sex with a 13-year-old boy and who then bore his child will serve just 90 days in jail for her actions.
Last June, police in Fountain, Colorado, about 15 miles south of Colorado Springs, began investigating a report from a local therapist who claimed that one of her clients may have sexually assaulted a 13-year-old boy. Their investigation quickly led them to 31-year-old Andrea Serrano, a woman described in the criminal affidavit as "a mother figure" to the boy. The boy was reportedly living with Serrano at the time and had even called her "mom," the affidavit claimed.
At the time of their sexual encounter, Serrano was reportedly under the influence of alcohol and the minor was under the influence of marijuana. They had sex in Serrano's vehicle.
Serrano was arrested on July 5 and charged with sexual assault against a child and sexual assault against a child under the age of 15 by one in a position of trust. Serrano reportedly confessed to the grossly inappropriate sexual relationship, though the relationship would have been difficult for her to deny since she had also become pregnant as a result of it. She has since given birth to the boy's child.
In February, Serrano's defense team reached a plea deal with prosecutors. Rather than the sexual assault charges, Serrano pled guilty to incest, and in exchange, prosecutors recommended that she serve no jail time. She would, however, have to register as a sex offender for at least 10 years but perhaps for the rest of her life.
The victim's mother was outraged at the prospect that Serrano would be able to avoid jail time after such a heinous act. "She sexually assaulted my 13-year-old son. ... She introduced him to drugs, she needs to be in jail," the woman told Judge William Moller at the time. Despite her objections, Moller initially accepted the plea deal which would have allowed Serrano to skate without serving jail time.
"I feel like if she was a man and he was a little girl, it would definitely be different. They would be seeking more," the woman later said publicly. "I feel like because he is not a woman, they are not. They are having compassion for her."
However, at a sentencing hearing on Thursday, Moller changed his mind and decided to sentence Serrano to time behind bars after all. She must now serve 90 days, though she received credit for the seven days she already served. She also does not have to report to jail for a week so that she may get some affairs in order, including arranging temporary custody of her children. She is currently caring for the baby she conceived with the victim, though the victim's family is attempting to gain custody.
During her time to speak at one of the hearings, Serrano did issue an apology for her actions. "I just want to say I'm sorry," she reportedly said, directing her apology to the victim and his family as well as her own family. Though she pled guilty to incest, it is unclear whether Serrano and the victim are actually related or whether she was allowed to plead to incest since the victim had been living with Serrano at the time and had considered her a mother figure.
Serrano has previously been charged with child abuse and with misdemeanor violation of a protection order. The status of those cases remains unclear.
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