TWIN FALLS • A Twin Falls man who was put on trial for rape, felonious administration of drugs and video voyeurism was sentenced Monday on the voyeurism charge.
Prosecutors dropped the rape charge against Rojelio Rosales in October following a trial in which the jury was hung on the charge. The jury acquitted Rosales on the felonious administration of drugs charge.
Twin Falls County 5th District Judge Randy Stoker sentenced Rosales to three to five years in prison with the sentence suspended for three years of probation.
Rosales must also pay court costs and about $1,500 to the Crime Victims Compensation Program.
While prosecutors asked that Rosales spend 60 days in jail, Stoker said the jail time would serve only as punishment, not deterrent or serve public safety and opted not to impose the jail time.
Stoker emphasized the point the Rosales must not drink while on probation.
“Alcohol was a major player in what occurred here,” he said. “It’s a major issue you need to deal with.”
The victim in the case was in court but declined to make a statement.
Stoker said the five-year sentence hanging over him should be a deterrence to Rosales and the public.
“It’s clear that this is not acceptable conduct,” Stoker said.
During the trial, the victim, who was known to Rosales, said Rosales was making dinner at her house the evening of Sept. 30, 2010, the night of the alleged attack.
In her testimony, the woman said Rosales repeatedly filled up her wine glass in the kitchen while she couldn’t see him. The woman testified she had a few glasses of wine, but didn’t feel it was enough to be drunk.
The woman testified to being sick all night and having a memory of Rosales in her room. She said she felt him touch her, and later he began taking pictures of her.