Judge confronts defendant's "Absolute nonsense" remarks at rape sentencing

(Sun File Photo)


NORWICH - A Chenango County judge rejected a defendant’s declarations of innocence during a rape sentencing Monday. Responding directly to the defendant’s remarks the judge warned a failure to accept responsibility after already pleading guilty would carry consequences.

Osvaldo Constanza, 31, was sentenced in Chenango County Court to one and a half years in state prison, with three years post-release supervision, after pleading guilty to third-degree rape, a class E felony. He will also be required to register as a sex offender, potentially for life.

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Judge Frank B. Revoir issued an order of protection on behalf of the 15-year-old victim, effective until 2035. Chenango County District Attorney Michael Ferrarese said Constanza was facing two underage felony rape cases in two separate counties. He also said there was only one victim.

Constanza, who had not been held prior to the hearing, addressed the court before sentencing, stating that until last year he had never been arrested or in handcuffs.

“I’m a man of faith,” he told the court. “I’m not a pedophile. I’m not this monster.”

He described the case as “overwhelming” and said he would rely on God to defend his right “to be seen as an innocent man.”

Revoir responded directly to the remarks from the bench.

“’I am an innocent man?’ Absolute nonsense,” the judge said. “You sent pictures of your penis to a 15-year-old girl and then had sex with this young girl in Chenango County.”

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