Hampton man accused of sexual exploitation by school employee gets suspended sentence on lesser charge

HAMPTON —- A Hampton man who was facing a re-trial on a charge of sexual exploitation by a school employee has been given a suspended jail sentence after pleading guilty to a lesser charge.

28-year-old Ismael Rodriguez Torres was originally charged with the Class D felony after an investigation into the alleged offense found that Torres supposedly had a sexual relationship with a female juvenile student in 2022. Torres was a coach of a sports team the female was participating in. Police had said Torres told them he did have sex with the female on several occasions and also provided marijuana to the female on one occasion.

Torres had pleaded guilty back in June to lascivious conduct with a minor and in August was given a two-year suspended sentence.

Torres later brought a post-conviction relief claim, seeking to set aside the guilty plea and sentence in the case. He claimed that he received ineffective assistance of counsel for not adequately advising him of the consequences of a guilty plea or determination of guilt to his ability to remain in the United States since it was found that he is not a citizen of the United States. 

District Judge Rustin Davenport on December 31st granted that request, with Torres demanding a speedy re-trial that was scheduled to take place earlier this month, but Torres pleaded guilty to the lesser charge of assault causing mental distress, a serious misdemeanor.

As part of the plea agreement, prosecutors recommended a suspended one-year jail sentence with credit for time served and two years of probation.

District Associate Judge Mark Milder agreed with that sentence during a hearing last week in Franklin County District court.