Dangerousness Hearing Ordered in Attempted Sexual Assault

BOSTON, July 29, 2016—A Lynn man charged with attempting to kidnap and sexually assault a woman walking alone in Revere will be held without bail pending the outcome of a dangerousness hearing next week, Suffolk County District Attorney Daniel F. Conley said.

GERARDO PORTILLO (D.O.B. 5/23/90) was arraigned today in East Boston Municipal Court on charges of assault with intent to commit a felony, assault with intent to rape, assault and battery causing serious bodily injury, strangulation, indecent assault and battery on a person over 14, and attempt to commit a crime in connection with the June 25 assault, as well as a charge of reckless endangerment of a child for allegedly leaving a young child alone in his vehicle at the time of the assault.

At the request of Assistant District Attorney Natalia Belland, Judge John McDonald ordered Portillo held without bail pending the outcome of a dangerousness hearing under Chapter 276, Section 58A, of the Massachusetts General Laws, which allows a judge to hold a defendant accused of certain offenses without bail for up to 120 days pending trial upon “clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community.”   That hearing is scheduled to take place Aug. 5.

According to prosecutors, the victim was approached by a man driving a gray Honda Civic as she walked alone in the area of Revere Street at approximately 9:30 p.m. Monday.  The man began speaking to the woman and attempted to lure her into his vehicle.  She refused and continued walking, changing her direction and entering a Harvard Street parking lot when the vehicle passed her again.

The man then approached the victim on foot, offering her money and drugs.  When the victim again refused, the assailant placed his hands on her, attempting to steer her toward her car, prosecutors said.  He allegedly strangled the victim and knocked her to the ground, where he attempted to remove her clothing.  When the victim screamed, her attacker punched her in the face and fled in the direction of his vehicle.

The victim was able to flee to a nearby business, where she reported the assault to a man who took down the license plate number of the suspect vehicle as it drove away from the area of the assault.

The victim was transported to Beth Israel Deaconess Medical Center and treated for a facial fracture and other injuries.

Winthrop Police detectives, assisted by Revere and Lynn police, located the vehicle’s owner and learned that Portillo – who matched the physical description of the assailant – was operating the car in Winthrop on the evening of the assault, prosecutors said.  Police also obtained surveillance video depicting the vehicle and the driver’s actions before and after the assault occurred.

Based on evidence gathered during the course of their investigation, Portillo was arrested by Somerville Police at his place of employment in that city Thursday afternoon.  During a post-Miranda interview with Winthrop Police, he allegedly made statements incriminating himself, prosecutors said.

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options. Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault. Suffolk victim-witness advocates can assist in referrals to BARCC and a wide array of non-profit service providers who can offer additional support and services.

Portillo is represented for bail purposes by attorney Nitin Dalal.  He returns to court Aug. 5.

 

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.