Kenosha, Wis. – A 26-year-old Kenosha man, Jose E. Castillo-Samayoa, was found not guilty of Second-Degree Sexual Assault this morning after a two-day trial. The jury unanimously determined that the State failed to meet the burden of proof required for a conviction after a short deliboration.

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Attorney Terry Rose, representing Castillo-Samayoa, told KCE that the defense’s argument was straightforward: the encounter was consensual. The case took a dramatic turn when two friends of the alleged victim testified that he had admitted to fabricating the allegations in pursuit of a U Visa, a special visa granted to victims of certain crimes who are illegal immigrants, allowing them to remain in the United States.

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The case was originally prosecuted by former Assistant District Attorney Alexandra Smathers (D), working under then-District Attorney Michael Graveley (D).

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Allegations and Investigation

According to the criminal complaint, the incident was reported to the Kenosha Police Department on May 20, 2023. Officer Vega met with the accuser, identified as RC, who appeared visibly upset and anxious while recounting the events of the previous night.

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RC alleged that on the night of May 19, 2023, he and Castillo-Samayoa had been drinking at El Rodeo Bar in Kenosha before returning to Castillo-Samayoa’s home. RC claimed he decided to sleep on the sofa bed instead of driving home. Around 3:00 AM, he alleged that he woke up to Castillo-Samayoa forcibly mounting him and engaging in non-consensual sexual activity.

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During the investigation, RC provided text messages from Castillo-Samayoa as evidence. One message in Spanish read, “I woke up and I saw the disaster, my friend. I crossed the line. I’m sorry. I’ll understand if you don’t want to talk to me anymore. Sorry I got my wires crossed.”

Authorities later retrieved a shirt allegedly discarded by RC, which reportedly contained physical evidence supporting his claims. However, the defense maintained that the relationship was consensual, a position Castillo-Samayoa held throughout police interviews.

Testimony and Verdict

The trial’s pivotal moment came when two friends of RC testified that he had admitted to fabricating the allegations to secure a U Visa. This testimony cast significant doubt on the prosecution’s case and ultimately swayed the jury’s decision.

After hearing all arguments, the jury deliberated and returned a unanimous verdict of not guilty.