Deaf Ex-Con Convicted For Again Raping Deaf Girlfriend

Cogswell Faces 120 Years To Life In Prison

A deaf ex-con convicted of again raping his deaf girlfriend in San Marcos could be sentenced to life in prison, the jury that convicted him determined Thursday.

Henry Ivan Cogswell, 31, had a prior rape conviction and was on parole when he assaulted the woman several times in a car near his apartment complex on Smilax Road during the night of June 9, 2004, the seven-man, five-woman jury concluded.

The jury's findings mean that Cogswell will face 120 years to life in prison when he is sentenced March 16 by Judge John Einhorn, prosecutor Christine Trevino said.

Defendants usually admit their prior convictions, so it's rare that a jury has to make such decisions.

Cogswell was sentenced to six years in prison in 1997 for raping his deaf girlfriend, with whom he has two children.

The couple had resumed their relationship when the latest assault occurred.

The jury convicted Cogswell Wednesday of three counts of forcible rape, and one each of forcible oral copulation and penetration with a foreign object.

The victim, who lives out of state, refused to testify and, under California law, did not have to.

"It's a challenging case," Trevino said, noting that when the case was over the jurors wanted to know why the victim didn't testify.

The woman did appear at a preliminary hearing in November, 2004, but the trauma of testifying "caused her medical and emotional problems," Trevino said.

At trial, prosecutors read her preliminary hearing testimony into the record.

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