Conflicting testimonies delay decision on rape trial

Crescenciano Donato Hilario

After hearing conflicting accounts of the events that led law enforcement to charge a Lawrence man with aggravated human trafficking and rape, Douglas County District Court Judge Paula Martin said she would issue a written opinion later rather than decide in court Tuesday whether the case should go to trial.

Crescenciano Donato Hilario, 34, is accused of taking a 16-year-old girl to the Best Western, 2309 Iowa St., on Christmas morning 2012 with the intent to have sex with her. The alleged victim testified Tuesday that she did not want to have sex with Hilario and she could not go home because it was late and she didn’t have a key to her house.

However, the victim testified that the rape occurred on the same day she met Hilario, which she described as a “hot” day in Holcom Park. The victim said she was introduced to Hilario and they spent the day together with another man and her mother. Afterward, the victim said she went to a Lawrence hotel where Hilario worked and had sex with him.

Sgt. Hayden Fowler of the Lawrence Police Department said that Hilario told him during an interview that he had sex with the victim twice on Christmas day, once in the teenager’s bedroom and once in a room at the hotel, where he was employed.

Because the timeline and statements did not match, Martin decided to take additional time to review the case before deciding whether it should go to trial. Martin said she would give a written opinion within the next three weeks.

Hilario was sentenced in June 2013 to nearly five years in prison after he pleaded no contest to paying for sex with a 14-year-old girl who had become drunk at a party at a Lawrence apartment complex in January 2013.

During that case, Hilario said he had paid others at the party for the opportunity to have sex with the victim.

Hilario was serving his prison sentence for that crime at Norton Correctional Facility before being transferred to the Douglas County Jail in May for court proceedings on the Christmas Day charges.