Booking Photo (08/04/2022) Jose Francis Hernandezgarcia (DOB 02/26/1996)
Booking Photo (08/04/2022) Jose Francis Hernandezgarcia (DOB 02/26/1996)

Judge sentences Jose Francis Hernandezgarcia (26) to serve 6 years in prison for rape of intoxicated

Author: District Attorney
Date: 2/6/2023 1:34 PM

Man sentenced to state prison for the crime of rape of an intoxicated victim. On the evening of July 21, 2022, the defendant preyed upon the teenage victim who was only 16 and was alone, intoxicated, lost, and crying when he observed her walking in his neighborhood having left the Mid-State Fair on foot.

District Attorney Dan Dow announced today that Jose Francis Hernandezgarcia of Paso Robles (DOB 02/26/1996) has been convicted by his plea and sentenced to serve six years in state prison.

The crime occurred at night in a residential neighborhood near the Paso Robles Event Center where the teenage victim had attended the California Mid-State Fair with her friends. The victim was alone, separated from her friends without her phone or wallet and was crying and worried about how to get home.  The 26-year-old man observed the teenager was intoxicated and crying and spoke to her before he then brought her inside his home instead of offering to help get her home safely or to find her friends. Hernandezgarcia then raped the victim when she was in a state of intoxication, unaware of what was happening to her, and unable to resist his assault.

“This crime of rape was a violent act, even though California law does not classify rape of an intoxicated victim as a violent crime and therefore the law, under Prop 57, allows them to be released early from prison as ‘non-violent’ offenders,” said District Attorney Dan Dow.  “Our criminal and victim justice system should equally seek justice for victims and not just for the criminal offenders and that is why I urge our legislators to pass AB 229 that will finally classify ALL rape as a violent crime.”

According to the US Department of Justice and the Rape, Abuse & Incest National Network (RAINN), only 310 out of every 1,000 sexual assaults are reported to police. That means more than 2 out of 3 go unreported.[i]

“My heart is broken for this young survivor who has been greatly affected by this violent crime committed against her,” said District Attorney Dan Dow. “We thank her friends and family for promptly assisting her to seek medical attention and to report the crime to law enforcement. Intoxication by use of alcohol and other drugs can make a potential victim much more vulnerable than when they are sober. We encourage all victims of sexual violence to seek help and report to law enforcement so that we can fulfill our mission to aggressively and fairly prosecute crimes like this committed against vulnerable victims.”

The case was investigated by the Paso Robles Police Department with the assistance of the District Attorney’s Bureau of Investigation and prosecuted by District Attorney Dan Dow.

A copy of the complaint can be accessed here.  A copy of defendant's booking photo can be found here.

Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.

# # #





[i]; Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, National Crime Victimization Survey, 2015-2019 (2020).