Man convicted of lesser charge in Spotsylvania molestation case, gets no jail time

Jan. 10--A man convicted Tuesday of molesting a teenage girl back in 2014 will have to register as a sex offender but will not have to spend any time in jail.

Borja Medina, 70, of Spotsylvania County was convicted of sexual battery, a misdemeanor, in Spotsylvania Circuit Court. As part of a plea agreement worked out by prosecutor Amanda Sweeney and defense attorney Jonathan David, Medina received a suspended 12-month jail sentence.

Medina had been charged with aggravated sexual battery, a felony that carries a maximum penalty of 20 years in jail. A trial on that charge in August ended with a hung jury. Sources said the jury voted 10 -- 2 to convict Medina, but were unable to reach the required unanimous verdict.

Medina entered an Alford plea to the reduced charge, meaning he does not admit guilt but acknowledges the evidence is sufficient for a conviction.

Court records list "evidentiary issues" and the consent of the victim as reasons the prosecution agreed to the lesser charge.

David said his client continues to adamantly deny that the assault took place, but said he did not want to take the risk of another jury trial and a possible lengthy prison term.

According to evidence presented at the August trial, Medina was in a relationship with the victim's mother, a woman from El Salvador who was in the country illegally.

The victim is in the country legally.

The girl testified that her phone was taken away from her at night so she would sleep. On the morning of Sept. 1, 2014, the girl said she went into a bedroom to retrieve her phone and was forced to let Medina touch and kiss her breasts.

The mother walked in and saw the girl, who was 14 at the time, hastily pulling down her shirt. The mother then found evidence of improper contact.

The incident was not reported until 2016, when police went to Medina's home in response to reports of an unrelated domestic incident. During that investigation, police were told about the 2014 incident and an alleged assault against the mother three weeks earlier.

David argued at the time that the mother was behind the "made-up" story as part of a ploy to stay in the country. The mother had already been deported once, he said.

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