Painter Who Raped 11-Year-Old Girl At Job Site Gets Enhanced Sentence After Refusing To Take Responsibility

PEEKSKILL, NY — A Hudson Valley man who took a plea deal on child rape charges, was given more prison time after he refused to own up to his actions.

Westchester County District Attorney Susan Cacace announced on Tuesday that a painter-for-hire was given an enhanced sentence of 20 years in state prison for raping an 11-year-old girl after he denied responsibility for the rape in an interview with the Department of Probation.

Anselmo Yambay Pena, 61, of Peekskill, had previously been promised a sentence of 17 years in state prison in exchange for pleading guilty to felony first-degree rape, and admitting to his criminal conduct.

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However, Pena's denial of his culpability led a judge on Friday to impose an enhanced sentence of 20 years in prison, followed by 20 years of post-release supervision. Pena will also be required to register as a sex offender.

"The defendant's refusal to accept responsibility for his grievous crimes only compounds the harms he committed and retraumatizes the victim in this case," DA Cacace said. "Those who abuse defenseless children must be given penalties severe enough to deter future misconduct, and I thank Judge Prisco for taking the seriousness of the defendant's denials into account when imposing the enhanced sentence."

On Feb. 15, 2024, Pena was hired to paint apartments at a residential building in Peekskill. The victim, who was 11 years old at the time, was raped in her family's apartment..

The investigation was conducted by the Peekskill Police Department, while the case was prosecuted by Senior Assistant DA Stephanie Baehr of the Child and Elder Abuse Bureau.