A San Jose man was found guilty in a re-trial of charges he
raped a Morgan Hill girl several times over a five-year period.
A San Jose man was found guilty in a re-trial of charges he raped a Morgan Hill girl several times over a five-year period.
Wallace Carmalt, 48, faces a minimum of 75 years and a maximum of life in prison for the five charges of forcible rape of a child younger than 14, according to Santa Clara County Deputy District Attorney Stuart Scott.
Carmalt was arrested last year when the female victim, who is now 20 years old, reported he sexually assaulted her in Morgan Hill over a five-year period. The victim was living with Carmalt at the time of the ongoing offenses, and she was between the ages of 9 and 13 when the crimes happened.
She reported the incidents to Morgan Hill police in July 2010. Police said Carmalt was a friend of the victim’s family.
“The victim suffered great emotional abuse that is going to last her lifetime,” Scott said. “It’s important we hold people who harm children responsible.”
In August, Carmalt was tried on 19 charges, including 13 counts of lewd and lascivious conduct toward a child younger than 14 and six counts of forcible child rape.
However, he was found guilty on only one count of lewd and lascivious conduct toward a child. The jury was hung on the remaining counts, Scott said in August.
Seeking a harsher sentence than the 12-year maximum the single charge earned Carmalt, the D.A.’s office requested a re-trial which occurred in San Jose earlier this week.
Scott said they could only charge him with the child rape counts, due to a legal technicality ensuring Carmalt’s protection from “double jeopardy,” or being tried twice for the same crime.
With this week’s verdict, Carmalt will likely not be eligible for parole for a minimum of 75 years, Scott said. Carmalt will be sentenced Jan. 23, 2012. He has been in custody since his arrest in July 2010.
The jury deliberated for about two-and-a-half hours Thursday, Scott said.
