CAPE GIRARDEAU MAN FOUND GUILTY IN STATUTORY RAPE OF 12-YEAR-OLD

A Cape Girardeau man has been found guilty of sexually abusing a 12-year-old girl.

Y.T. Irving Jr., 44, was found guilty of first degree statutory rape by a jury on Wednesday after three hours of deliberations, said Angel Woodruff, Cape Girardeau County assistant prosecuting attorney.

The girl, who is now 14, told the court that the incident had occurred in September 1998 at Irving's house.

She said Irving asked her into his bedroom and invited her to sit on the bed, but she said she told him no. As he insisted, she sat on the edge of the bed. He then insisted that she move closer, and she refused again, but eventually moved closer.

The girl said Irving asked her if she could keep a secret, and she responded "No." He told her, "Well, you had better keep this one," she said.

Irving then attempted to have intercourse with her, she said. As she began to cry, he only stopped when a toilet flushed in the next room, she told the court.

After overhearing the girl talk about the incident, an adult called police.

The jury recommended a punishment of five years in prison, which will be decided upon at sentencing on July 5 by Circuit Judge John Grimm.

Irving could have received between five and 15 years for the class B felony, but at the defendant's request, a recommended punishment was given by the jury.

After a jury has made a sentencing recommendation, a judge cannot exceed that punishment.

Irving will not be held in custody prior to his sentencing. He has not been held under bond since the proceedings began, and has appeared in court whenever requested.

Whenever a judge releases a person without bond, many factors are considered, Grimm said, most of which cannot be discussed publicly.