A 32-year-old man has confessed to raping a young girl -- believed to be a Hurricane Katrina evacuee -- and said he knew he was HIV positive at the time, Baldwin County authorities said Monday.
Julio Cesar Cruz Martinez of Fairhope was arrested Friday and charged with first-degree rape, sexual abuse and sodomy.
Baldwin sheriff's Sgt. Tony Nolfe said Martinez is believed to be a Mexican national who has lived in the United States illegally for several years, the last two years spent in Fairhope.
Martinez was being held at the Baldwin County Corrections Center in lieu of $750,000 bail following a Monday hearing, during which Baldwin County Assistant District Attorney Hallie Dixon said the victim was 5 years old.
Nolfe said the victim identified Martinez while being questioned at South Baldwin Regional Medical Center in Foley on Wednesday. According to Nolfe, Martinez confessed to some of the acts he is charged with and later, while being booked into the jail, said he had tested positive for HIV.
Martinez said he knew of his infection before Wednesday, when the rape occurred, Nolfe said.
HIV is a virus that destroys the body's ability to fight off illness and is the cause of AIDS. People infected with the virus do not have AIDS until they develop serious symptoms, but they are capable of transmitting the virus through sexual intercourse, according to the AIDS.org Web site.
"There is a very obvious health concern for this child," Nolfe said Monday. "All we can do is hope that she was not infected because she certainly was exposed."
Nolfe said Martinez would undergo routine inmate screening to confirm whether he has HIV. Nolfe declined to say if the girl has undergone testing, saying only that her "health concerns are being addressed."
The girl and her mother are believed to be Hurricane Katrina evacuees from New Orleans, Nolfe said, and were living with Martinez in the Marlow community.
Baldwin County District Attorney Judy Newcomb said Monday that her office was looking into whether Martinez should face additional charges for knowing he had the virus when he raped the girl.
"If you know you have a deadly disease and engage in conduct where the other person is not aware, it typically has come under assault or endangerment type statutes," Newcomb said. "I am not aware that Alabama has a statute" to addresses that specific crime.
Nolfe said investigators spoke to Martinez by telephone on Wednesday after talking with the victim.
"He said he was scared, and he never returned to his residence once he became aware that we were looking for him," Nolfe said. "We believe he was waiting to get paid Friday, and then he was going to leave this area."
Nolfe said Monday that investigators were still trying to confirm Martinez's identity, since he has not provided valid identification. Nolfe said he was not aware of any other sex-related crimes allegedly committed by Martinez, at least under that name.
"We are taking some efforts with U.S. Customs to try and ensure that we have the right name and that he has not committed crimes under other names," Nolfe said.
Nolfe said he doubts that Martinez can afford bail.
"If Martinez does make bond and leaves the area, it would be nearly impossible to apprehend him," Nolfe said. "(Illegal aliens) are able to move like ghosts. They are hard to apprehend once they leave custody because of their lifestyle and the fact that they share identities and Social Security numbers."
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