Man jailed for rape of juvenile

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By Lisa King

A local Hispanic man was arrested Saturday night and charged with first-degree rape and unlawful imprisonment, according to police.

Osman Cerna-Perez, 25, of Shelbyville, is charged with locking a mentally-challenged 17-year-old girl in a bathroom and raping her, said Shelbyville Police Detective Bruce Genry.

According to the police report, Perez "physically restrained the victim and placed his left hand around the victim's throat."

Gentry said that several of the elements that constitute first-degree rape were present in the situation.

"First-degree rape is either forcible compulsion of somebody that's under a certain age, or they're incapable of consent because of their mental capacity," he said, in addition to being physically helpless or under age 12.

"In this case, it's kind of a combination," he said. "The juvenile is just a little slow, so she's incapable of consent, and he forcibly detained her. The unlawful imprisonment was because he locked her in the bathroom during (the alleged rape)."

According to the police report, the incident happened at an apartment on Main Street.

Gentry said the girl was with another girl who was babysitting for a neighbor's 3-year-old child and that the babysitter and the child were at the apartment at the time the alleged rape occurred.

"I have more than just the girl's statements," he said. "I have a couple of witnesses that backed up her statements as far as the actual circumstances surrounding it."

Gentry said that Perez did not live at the apartment, but was just there "camping out."

"People just come and go in and out of the house, just like a commune," he said.

Perez is lodged at the Shelby County Detention Center under a $50,000 full cash bond. In addition, he is under an Immigration and Customs Enforcement (ICE) detainer, which means he is slated for deportation, being that he is in the United States illegally, according to Natalie Wilson with the Administrative Office of the Court.

He will appear in Shelby District Court Aug. 14 at 1:30 for a preliminary hearing.