A federal judge has decided on the punishment for a 22 year old man from Mission, South Dakota, found guilty of Aggravated Sexual Abuse and Kidnapping following a four-day federal jury trial in Pierre, South Dakota. The verdict was returned on October 18, 2024.
Each charges carries a maximum sentence of life in federal prison, and/or a $250,000 fine, five years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Canku Martinez was indicted by a federal grand jury in February of 2024.
At trial, the evidence established in the early morning hours of October 29, 2023, in the Rosebud Indian Reservation, Martinez agreed to give a juvenile a ride home from a party near Rosebud, South Dakota. Rather than give her a ride home, however, Martinez drove her to a secluded area outside of Rosebud and made sexual advances. When the juvenile rejected his advances, Martinez produced a knife and forced her to engage in sexual activity. Martinez subsequently dropped the victim off at her residence, told her not to tell anyone what he had done, and left the area shortly thereafter.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the FBI, the Rosebud Sioux Tribe Law Enforcement Services, and the Winner (SD) Police Department. Senior Litigation Counsel Kirk Albertson prosecuted the case.
A presentence investigation was ordered, and a sentencing date has not been set. Martinez was remanded to the custody of the U.S. Marshals Service pending sentencing.
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