An East Elmhurst man was convicted at trial Thursday, June 9, for sexually abusing a child he was babysitting over a period of three years beginning in 2012, according to Queens District Attorney Melinda Katz.
Jose Nivelo, 43, of 97th Street, was found guilty of sexual conduct against a child in the first degree by a jury following a week-long trial before Queens Supreme Court Justice Ushir Pandit-Durant.
According to the charges, in April 2012, the defendant Nivelo, who regularly picked up the seven-year-old girl from school while her mother worked, began sexually assaulting her inside his then-home on Hampton Street in Elmhurst. Nivelo groped her body and had her undress in front of him on numerous occasions. After Nivelo moved to an apartment on 97th Street in East Elmhurst and the child turned 8, he escalated the abuse by repeatedly engaging the child in acts of anal and oral sexual conduct, according to the charges.
“The defendant was entrusted to care for this young girl while her mother worked but instead exploited his role as babysitter to sexually abuse the victim for years,” Katz said. “This was a betrayal of trust in the worst possible way, bringing unimaginable trauma and pain to this young victim.”
When Katz was a member of the New York State Assembly she authored the course of sexual conduct against a child law to make sure predators were held accountable for violating children.
“During my time as a state lawmaker, I successfully championed legislation to aid in the prosecution of child abusers and I remain committed to seeking justice on behalf of all survivors, even if years have passed since they were harmed,” Katz said. “The defendant has now been convicted and will be sentenced by the court for his heinous actions.”
Justice Pandit-Durant set sentencing for June 24. At that time, Nivelo faces up to 25 years in prison.
