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Kentucky Supreme Court Affirms Child Sex Abuse Conviction

The Kentucky Supreme Court affirmed the conviction and 20-year prison sentence of Airan Hernandez Mendez for multiple counts of child sexual abuse involving twin 5-year-old girls. Hernandez Mendez was found guilty of three counts of first-degree sodomy, two counts of first-degree sexual abuse, and distribution of obscene matter to a minor.

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4 min readcourtlistener
Seal of the Kentucky Supreme Court

Case Information

Case No.:
2024-SC-0501-MR

Key Takeaways

  • Kentucky Supreme Court unanimously affirmed conviction on six felony counts including first-degree sodomy and sexual abuse
  • Defendant received 20-year prison sentence for crimes against twin 5-year-old girls in his household
  • Case involved systematic abuse where defendant allegedly drugged the children's mother to facilitate crimes
  • Conviction relied primarily on detailed testimony from 6-year-old victim describing repeated sexual assaults

The Kentucky Supreme Court affirmed the conviction and 20-year prison sentence of Airan Hernandez Mendez on multiple felony charges involving the sexual abuse of twin 5-year-old girls in his household. Justice Nickell authored the opinion in *Airan Hernandez Mendez v. Commonwealth of Kentucky* (Ky. 2025), which was rendered Dec. 18, 2025.

A Jefferson County jury convicted Hernandez Mendez of three counts of sodomy in the first degree, two counts of sexual abuse in the first degree, and one count of distribution of obscene matter to a minor. The court sentenced him to 20 years' imprisonment. Hernandez Mendez appealed the conviction as a matter of right under the Kentucky Constitution.

According to court records, Hernandez Mendez and his twin brother moved in with Hernandez Mendez's girlfriend and her three children in 2020. The household included the woman's son and 5-year-old twin daughters, identified in court documents as M.R. and D.R. The children referred to Hernandez Mendez as "dad" or "stepdad" despite the fact that he and their mother were not married.

The abuse began in mid-2021, shortly after victim M.R. turned 6 years old. According to testimony, Hernandez Mendez would exploit the household's sleeping arrangements to commit the crimes. M.R. testified that her mother slept soundly, particularly after Hernandez Mendez would bring her water. The child also described observing Hernandez Mendez spray a foul-smelling substance from a pink spray bottle onto a sock, which he would give to her mother, after which she would fall into a deep sleep.

The court record details the systematic nature of the abuse. Hernandez Mendez would wake M.R. while her mother was sleeping and lead her to the basement, where two beds were located. He would then remove both his and the child's clothing and commit various sexual acts. According to M.R.'s testimony, Hernandez Mendez would engage in oral contact with her body, touch her genital and anal areas with his penis, and force her to perform oral sex on him. The testimony also described anal penetration.

The victim's account included graphic details that demonstrated the traumatic impact of the crimes. M.R. described the acts using age-appropriate language, referring to being touched "where [she] pee[s] and poop[s]" and describing the defendant's anatomy and bodily functions in terms a young child would understand. These details proved crucial to the prosecution's case in establishing the credibility of the child victim's testimony.

The case highlights several concerning elements that enabled the abuse to continue. The defendant appeared to have taken deliberate steps to ensure the children's mother would be in a deep sleep during the commission of the crimes. The use of what the victim described as a foul-smelling substance sprayed onto a sock suggests possible drugging, though the court record does not specify whether this substance was identified or tested.

The charges reflect the severity and range of the criminal conduct. First-degree sodomy in Kentucky involves deviate sexual intercourse with a victim under 12 years of age, while first-degree sexual abuse involves sexual contact with a child under 12. The distribution of obscene matter to a minor charge suggests additional criminal conduct involving inappropriate material shown to the children.

The Kentucky Supreme Court's affirmation of the conviction demonstrates the strength of the evidence presented at trial. The court conducted what it characterized as a "careful review" of the case before reaching its decision to affirm both the conviction and the 20-year sentence imposed by the trial court.

This case represents one of many child sexual abuse prosecutions that have moved through Kentucky's court system. The successful conviction and appellate affirmation reflect the state's commitment to prosecuting such crimes and protecting child victims. The case also demonstrates the challenges faced by prosecutors in presenting evidence in child sexual abuse cases, which often rely heavily on victim testimony and circumstantial evidence.

The 20-year sentence reflects the serious nature of the crimes and Kentucky's sentencing guidelines for sexual offenses against children. First-degree sodomy and sexual abuse charges carry significant prison terms, particularly when multiple counts are involved and when the victims are very young children.

The appellate process in this case followed standard procedures for felony convictions in Kentucky. Defendants convicted of felonies have the right to appeal their convictions to the Kentucky Supreme Court as a matter of right under the state constitution. The court's decision to affirm means that all legal challenges raised by the defense were rejected, and the conviction and sentence remain intact.

The case serves as a reminder of the vulnerability of children in domestic settings and the importance of vigilant protection of minors from sexual predators, particularly those who exploit positions of trust within households.

Topics

sexual abusesodomychild victimscriminal convictionappellate review

Original Source: courtlistener

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