Billerica man accused of raping a child to stay behind bars

LOWELL – A Billerica man accused of raping a child after allegedly forcing the victim to perform sex acts for years, starting when she was 6 years old, will remain behind bars until his trial in June.

Jose Figueroa, 46, faces a maximum sentence of life in prison for the alleged crime, which marks the second time he has been accused of raping a child. The previous accusation ended with a conviction more than twenty years ago.

News of Figueroa’s previous conviction was revealed when he appeared in Middlesex Superior Court on Tuesday for a 58A dangerous conduct hearing. During the hearing, Judge Kenneth Salinger agreed with the prosecution’s argument that Figueroa poses a threat to both the victim and the community, and should therefore remain behind bars pending his trial, which is set to begin June 23 with the jury .

In support of her argument, Middlesex Assistant District Attorney Marissa Milero informed Salinger that Figueroa, who has since been jailed, his arrest in Marchhad called the victim and sent her letters from behind bars, pressuring her to recant her accusations.

An attempt by Figueroa’s attorney, Keith Durden, to secure his release under certain circumstances was unsuccessful.

A heavily redacted incident report from the Billerica Police Department states that school staff called authorities on March 21 after a student revealed he had been sexually assaulted by Figueroa. That same day, the alleged victim was interviewed by members of the Billerica Police, the state Department of Children and Families, the Victim and Witness Advocacy Program and the Middlesex District Attorney’s Office.

During the interview, the alleged victim stated that the last incident of sexual abuse had occurred a few days earlier. She claimed that Figueroa would “reward” her with marijuana after the abuse.

In another interview, the alleged victim said Figueroa had previously approached another female individual and offered her marijuana in exchange for sex. The alleged victim said the woman told her she had rejected the proposal, but added that she “wasn’t sure if she was telling the truth,” according to the police report.

An arrest warrant was issued for Figueroa, who was arrested by Billerica police on March 22. On April 18, it was revealed in Lowell District Court that Figueroa had been indicted by a grand jury.

Court records show Figueroa was previously convicted in Essex Superior Court of rape of a child and sentenced to three years behind bars. The crime occurred in Lawrence when Figueroa was 21 and the victim was 14.

For the latest charge, Figueroa’s trial is expected to last three to four days. A final preliminary conference will take place at Middlesex Superior Court on June 11.

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