Rapist Pleads Guilty as Two Cases Go to Trial

BOSTON, July 17, 2013—A homeless man was sentenced to a lengthy prison term after he admitted to attacking two women in the same downtown parking garage just a few days apart in 2009, Suffolk County District Attorney Daniel F. Conley said.

As his jury-waived trial was set to begin today, JOSE RIVERA (D.O.B. 9/27/85) today pleaded guilty to five counts of aggravated rape, two counts of assault and battery, and one count each of unarmed robbery and assault with intent to rob in connection with two separate attacks. 

Assistant District Attorney Holly Broadbent, chief of the DA’s Domestic Violence and Sexual Assault unit, recommended a prison sentence of 20 years, followed by 10 years of probation. Suffolk Superior Court Judge Mitchell Kaplan sentenced Rivera to 15 years in prison and ten years of probation.

“Given the facts of these two cases, we believe this defendant will be a candidate for civil commitment as a sexually dangerous person following the completion of his long prison sentence,” Conley said. “Boston is a safer place with this violent predator behind bars.”

Had the case proceeded to trial, Broadbent would have presented evidence and testimony to prove that Rivera committed the two violent attacks on women inside the Stuart Street parking garage, one at approximately 6:30 a.m. on April 19, 2009, and the second shortly before 3:00 a.m. on May 1 of that year.

The evidence would have shown that Rivera approached the first victim after she parked her car.  He asked for directions, then followed the woman, grabbing her from behind as she tried to run.  When the victim screamed, Rivera threatened to throw her off the ledge and then demanded $100 before sexually assaulting her, Broadbent said.

The attack was interrupted by a passerby who rushed to assist and chased Rivera as he fled.  However, the Good Samaritan lost Rivera when he entered an elevator.

The victim was transported to Massachusetts General Hospital.

Rivera again attacked a woman from behind during the May 1 attack, in which he struck the victim and knocked her to the ground before sexually assaulting her in a stairwell of the same garage, the evidence would have shown.  The woman was able to escape and reported the attack to a Boston Police officer working a detail on Stuart Street.

The victim was taken to Tufts Medical Center, where investigators learned that another patient in the same hospital fit the description of the assailant in both attacks.  That patient, quickly identified as Rivera, was arrested at the hospital.

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, the survivors of sexual violence in Suffolk County can also call the Boston Area Rape Crisis Center’s 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical advocacy, legal services, counseling, and other services to victims of rape and sexual assault.

Anne Kelley-McCarthy was the DA’s assigned victim-witness advocate.  Rivera was represented by attorney Edward Wayland.

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