Shelbyville, Tennessee · Tuesday, February 9, 2010
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Shelbyville man accused of statutory rape, trespass

Sunday, March 1, 2009
A Shelbyville man is in jail under $100,000 bond in Franklin County after being charged with statutory rape and criminal trespassing.

24-year-old Xavier Jiminez Bencebi, of Cedar Road, was arrested in Estill Springs after deputies in that county obtained information that Bencebi allegedly had sex with a 14-year-old girl.

According to reports filed by Deputies George Dyer and Josh Keith of the Franklin County Sheriff's Department, the stepfather and sister of the alleged victim told deputies that they were afraid that Bencebi had sex with the 14-year-old.

Dyer reported he spoke to Bencebi, issued a Miranda warning and recorded the conversation, in which "Xavier stated he thought the girl was 17 years old."

"He stated he told her that they had to wait until she was 18," the report read. "Xavier stated that they did have sex one time at her house in Estill Springs,"

The report also indicated that investigators allegedly found evidence of sexual activity at the scene.

Keith's report said he responded to the location in reference to a violation of an order of protection.

"Prior to my arrival, Sgt. Matt Baker made contact with several individuals, one being very combative," who Keith identifies in his report as being Bencebi.

Baker had Bencebi "detained for the safety of himself and others at the scene," Keith reported, and was taken to the Estill Springs Police Department "due to the nature of the situation."

Keith said Bencebi was charged with criminal trespassing due to the posted 'no trespassing' signs on the property.

Investigator Troy Brown and Deputy Troy Jernigan spoke with the girl at the police department with the consent of her mother and the victim admitted having sexual relations with Bencebi, but stated it had occurred in Knoxville.

Dyer stated in his report that "Bencebi stated to me that he had sex with (the victim). I asked him where at and he stated at her house and pointed in the direction of her home."

Bencebi will appear in Franklin County General Sessions Court on April 9.