According to court records and witness statements, on Dec. 13, 2020, around 3:30am, police were called out to the area of SW 59 and S. Blackwelder. When they got there, a female at the residence said that Antonio Burciaga (a man she was formerly in a relationship with) arrived at her home extremely drunk. Fearing he would get into a vehicle accident she allowed him to sleep on her couch. Later, after everyone had gone to bed, Burciaga went into the woman’s 18-year old daughter’s bedroom, while she was sleeping, got onto her bed and said, “I’ve waited for this moment for so long. Have you ever thought of us?”
According to the official probable cause affidavit, the accuser told police she was scared, didn’t know what to do, and simply replied, “I guess.”
Burciaga, who had reportedly for four years in the past been a fatherly figure to the young woman, proceeded to remove her clothing, touched her vaginal area and then began to engage in vaginal sex.
After Burciaga passed out, the teen notified her mother and police were called soon thereafter.
Burciaga was arrested and booked into the Oklahoma County Jail on a Rape in the 1st degree criminal complaint.
Public records show that Burciaga has 4 timesin the past been charged with domestic related abuse, assault, and/or maliciousinjury. He was previously sentenced to2-years in prison for beating women.
According to family and friends on both sides of this incident, the Oklahoma County District Attorney is refusing to file any criminal charges against Burciaga. The reason they were given is that the teen victim refused a rape exam and that her “I guess” was not a forceful enough “no.” [WHAT IN THE HELL!!!!!]
According to family members of the victim, the teen was simply too scared of Burciaga because of his violent past, and was also in shock because she has only ever known him as basically a step-father. Additionally, for those unfamiliar with a SANE exam or ‘rape kit’ - it’s an EXTREMELY invasive procedure and would be terrifying for a teen. In fact this same DA’s office often points out to jurors how “heroic” a rape victim is for even subjecting themselves to a SANE exam. Not to mention we are in the middle of a pandemic and the hospital is the last place most people want to be.
It is unclear why a SANE exam is even necessary. The primary purpose is to see if evidence of sexual contact is present. From what we are being told Burciaga is not denying the sexual contact. This POS is simply claiming it was consensual. The only other thing a SANE exam might reveal is physical trauma from force. However, being that Burciaga allegedly raped the teen while she laid there in shock, no extreme physical force would have been necessary. Keep in mind, many woman are advised to comply in these situations to avoid been severely hurt.
While rape in the first might be difficult to prove, there are other sexual assault crimes that would fit easily into these elements.
If you are so moved, you may voice your frustration with the Oklahoma County DA at this number: (405) 713-1600.
JohnTV will continue to follow this case.
ADDITIONAL RESOURCES:
Oklahoma Department of Corrections.