Teen's felony rape charge reduced

~ The prosecutor said potential rapists shouldn't expect similar treatment because this case was unusual.

A "bizarre set of facts" led to prosecutors dropping felony statutory rape charges against a 17-year-old boy for misdemeanor child endangerment, to which the defendant pleaded guilty.

Tyler A. Figliolo, of Cape Girardeau entered his plea Friday before Associate Circuit Judge Gary A. Kamp.

In exchange for the plea, prosecutors dropped felony charges of statutory rape and two counts of statutory sodomy.

Figliolo admitted to endangerment of a child in that he created a risk to the health of a 12-year-old girl by having sex with her July 16 and Sept. 25.

Both the girl and Figliolo told investigators the sex between the two was consensual, and the child's mother was aware of the relationship. According to Figliolo, not only did the mother condone the sex, she bought her daughter birth control, Prosecuting Attorney Morley Swingle said.

"This case had such a bizarre set of facts, I can't see this disposition occurring in many other situations," the prosecutor said, explaining why the charges were amended. He warned that potential rapists should not expect the same disposition.

In amending the charges, Swingle also took into consideration the boy's age and the fact his school counselor spoke highly of him. Swingle said the sentencing range for the felonies, five years to life, would have been too much for the offense. If convicted of the felonies, Figliolo would have also had to register as a sex offender.

"He's not necessarily a sex offender neighborhoods need to worry about," Swingle said.

Figliolo was originally charged with the felonies and not the misdemeanor because at the time prosecutors had not learned all the details of the case and were still building cases against others who may have been involved.

Two relatives of the girl, Valenta Young, 51, and Amanda Olivo, 32, have since been charged with misdemeanor child endangerment in connection with the sexual relationship.

As part of the plea agreement with prosecutors, Figliolo agreed to testify against the others charged in connection with the case.

Sentencing for Figliolo was scheduled for 1 p.m. Nov. 9. He could receive up to one year in the county jail for the offense.

kmorrison@semissourian.com

335-6611, extension 127