A San Marcos man sentenced on child sexual abuse charges Monday received double life sentences, in addition to more than 1,000 years in prison.
Robert Benjamin Franks, 39, was convicted on multiple counts after harming two children, one of whom was a family member. According to court documents, Franks abused one of his victims starting when she was just five years old. The documents add that the abuse happened three or four times a week lasting at least five years.
“To have all of that innocence and protection taken away by the very person who is supposed to be preserving that for children is what I think makes this so much worse than some of those other cases that may be more violent,” said Hays County District Attorney Wes Mau. “It was a betrayal of somebody who should be looking out for those children.”
According to trial testimony, a 9-year-old girl told her father that Franks was doing “disgusting things” to her — including having her and another young girl perform oral sex, according to a Hays County DA’s office release. During a short punishment hearing, Frank’s adult cousin also spoke up and accused him of taking advantage of her.
The trial began a week before Thanksgiving, however jurors took a break the entire holiday week before returning the following Monday.
“The holidays are times of forgiveness and looking for the best in people. Jurors I know come in a lot of times with that holiday attitude. This time, I think it worked to the defense’s disadvantage,” said Mau. “The jurors probably were at home and dismayed that things like this could even happen. I assume they spent time with their family, and were horrified this could happen in someone else’s family.”
The jury deliberated for about an hour Monday before returning a guilty verdict on all 17 counts. The punishment deliberations lasted a little more than two hours.
“When these kinds of cases occur, there is no room for leniency. These kinds of predators have to be treated with the harshest of consequences,” said Mau. “I think it sends a message to anyone else out in the community who might be thinking about doing a crime like this that jurors, at least in Hays County, have no tolerance for this kind of behavior.”
The two continuous sexual abuse charges each had a life sentence. Each of the nine counts of aggravated sexual assault had 99-year sentences, and each of the six counts of indecency with a child had 20 year sentences. Franks is also supposed to pay a $93,000 fine.
Mau says he doesn’t get lengthy sentences like this often. He hopes this case not only sends a message to potential criminals but also to victims.
“This was a case where it came down to whether or not the jurors believed these two young girls. There was no physical evidence, these were delayed outcries,” said Mau. “I hope this sends a message that jurors will believe them and they should not be afraid to come forward thinking it’s going to be my word against adults and that the other adults will believe the grownups. I think the jurors see that and jurors see that children don’t make up things like this.”
(Story from KXAN.com)