Important note: Information in this article was accurate in 2004. The state of the art may have changed since the publication date.
Miami Herald - August 7, 2004
Wanda J. Demarzo and Sara Olkon, wdemarzo@herald.com
A young teen who police said has been sexually assaulted a number of times must wait for the outcome of tests to see if she is infected with HIV.
The Miramar man who is charged with assaulting her, Cosme Caballero, is HIV-positive and has not been taking his medication for some time, Miramar police said.
Caballero, who is unemployed, is being held on $132,000 bail on 22 counts, including seven felony sexual battery charges. He will face additional charges if detectives determine that he infected the 15-year-old with HIV, which can cause AIDS.
Additional charges may also be filed if detectives prove Caballero had sex with the teen's 14-year-old sister and if she also tests positive for HIV.
"We are all grateful that he was arrested and put behind bars," Miramar police spokesman Bill Robertson said.
SUSPICIOUS VAN
Police said they learned of the continued sexual battery through solid police work. An officer spotted a van near an abandoned golf course clubhouse at 3499 Foxcroft Rd., near Miramar high school, around 2:30 a.m. Thursday.
When the marked unit pulled up behind Caballero, the officer said he saw Caballero stand up, naked from the waist down. The officer walked up to the van and used his flashlight to tap on the passenger side window. Seconds later, Caballero accelerated and sped off.
The officer followed the van and saw the teen jump out and head to some trees near the golf course. One officer stayed behind with her while others continued to chase Caballero.
The teen told police that she and Caballero had been having sex over a period of time and that he had penetrated her at least seven times.
CONDOMS NOT USED
She also said Caballero didn't always use condoms.
The teen told officers she knew that Caballero was infected with HIV.
Caballero had not been taking the medication required for the treatment of HIV, police said.
"What happened to her is rape by intimidation," Robertson said. "The mother is very upset by all of this. She said she was not aware it was going on and she's very concerned about her daughter."
It is a third-degree felony for someone who knows they have HIV to engage in sex unless the partner knows about the disease and consents. A person who violates the law multiple times has committed a first-degree felony.
"If you're HIV positive and engage in a sexual act before notifying your partner and receiving consent, it is a criminal offense," said Dennis Siegel, assistant state attorney.
"But consent is not a defense when you're talking about a young girl."
040807
MH040803
Copyright © 2004 - Miami Herald. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Miami Herald, Permissions, One Herald Plaza, Miami, FL 33132-1693 TEL: (305) 376-3719. http://www.herald.com.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2004. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2004. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .