Butler Co. grand jury rejects rape charge in Sept. incident

HAMILTON, Ohio - A Butler County grand jury declined to indict a man on a rape charge stemming from a September incident at an off-campus student house near Miami University in Oxford.

Francisco Jairo Naupa Rivera, 23, of Fairfield, allegedly illegally entered five houses on Sept. 14. In one of the houses, Rivera was accused of going into the basement room of a Miami University student while she slept and raped her.

Also, Rivera allegedly stole items from the other homes.

The grand jury declined to indict Rivera on the rape charge and an aggravated burglary charge in late November. But Rivera was indicted on a burglary charge, two criminal trespass charges and trespass in a habitation charge.

Rivera, a Peru native, remains in the Butler County Jail, where he is being held on a $100,000 bond.

In November 2011, Rivera was charged with theft and receiving stolen property in another incident. At that time, agents with Immigration and Customs Enforcement (ICE) ordered him detained pending removal proceedings.

Rivera, however, married a U.S. citizen -- Kaleigh Ohmer, age 20 -- in February while in jail. A judge with the Executive Office for Immigration Review, over the objection of ICE attorneys, granted Rivera permanent residency status.

ICE agents have said if Rivera is convicted on the current charges, he will be deported.