Court Notebook: Homeless man gets 9 1/2 years in rape

A 30-year-old Naples man has been sent to prison for 9 1/2 years for raping a woman sleeping on a couch at his friend’s home.

Collier Circuit Judge Frank Baker also sentenced Jaime Arciliares Acosta to three years of sex-offender probation with an ankle monitor, and ordered him to stay away from drugs and alcohol and away the victim and all children, unless supervised.

Baker adjudicated Arciliares guilty last month after he pleaded no contest to sexual battery, a second-degree felony punishable by up to 15 years in a state prison.

The judge gave him credit for time served in the county jail since his arrest by deputies on June 13, 2008, and granted Assistant State Attorney Deborah Cunningham’s motion to brand him a habitual felony offender. Arciliares was represented by defense attorney Joshua Faett.

The woman’s name is being withheld due to the sexual nature of the crime. An arrest report gives this account:

The woman told deputies she awoke on the couch at her friend’s home on Spoonbill Lane and Acosta, who had been staying there, was touching her. She told him she wasn’t interested and left, but he locked the door and started kissing and touching her. She tried to use her cell phone to call for help, but he took it. He then took her into a bedroom and raped her. She asked him to use a condom and he tried, but didn’t finish putting it on.

When he left the room, she ran out of the house naked, but stepped back inside to dress after seeing workers outside, then ran to her car to call 911.

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