Florida man accused of raping Lynn child

LYNN – A Florida man appeared in court Monday on a 2003 allegation of the rape of his former girlfriend’s young daughter.Miguel Anaya Algarin, 35, of 4024 Winkler Ave., Fort Myers, was charged with rape of a child with force and arraigned at Lynn District Court by Judge Stacy Fortes White. He was released on personal recognizance under the conditions that he stay away from and not have contact with the victim, that he remain in Massachusetts unless ordered by the court and report to probation once a week.A probable cause hearing has been scheduled for Sept. 16.Algarin had been summonsed to be arraigned April 10, but the notice was not received by Algarin due to an incorrect address and was returned to court. A straight warrant issued for Algarin was recalled at his arraignment Monday.According to a Lynn police report, the victim detailed the incident on Dec. 21, 2008 to detectives, saying she had previously been assaulted by her mother’s boyfriend. The victim originally reported the assault to the Salem Police Department and was referred to Lynn police.The victim said she lived in Salem with her mother, but that her mother’s boyfriend at the time, Algarin, formerly lived at 3 Alice Ave., #5, in Lynn. She went on to say that she would occasionally stay over Algarin’s house with his younger daughter. Two days before the alleged assault, the victim said her mother had taught her about the “birds and the bees,” so she knew about the different body parts on a man and woman.Algarin was also said to be aware of the victim’s conversation with her mother and allegedly asked her if she knew about the different parts of a body when he gave her a ride in his vehicle. Saying she felt “weird,” the victim told Algarin that she knew what he was talking about.When they arrived at Algarin’s house, the victim put on her pajamas and was told there was no room in his daughter’s room and that she had to sleep with him and his younger son. The victim said she laid down by Algarin’s feet in his bed to sleep and again was asked about her knowledge of body parts.The victim said Algarin put his hands down her pants and began touching her over her underwear, saying, “Do you feel that?”Uncomfortable by the situation, the victim said she tried to get Algarin to remove his hand several times, but was unable to. She said she told him to stop in a louder voice so that Algarin’s son would hear her and he eventually removed his hand.After that incident, the victim said she stopped sleeping over Algarin’s house and didn’t tell anyone about the incident for a “long time,” but eventually confided in her guidance counselor at Collins Middle School in Salem.The incident was then reported to the Department of Social Services (DSS) and the victim’s mother. The victim said her mother allegedly “made her lie” about the touching and said to tell DSS it was all a dream to protect Algarin.Lynn police were informed by DSS that the incident was reported on Oct. 3, 2003, with the incident allegedly having happened in the spring of 2003. Algarin was then summonsed to court on rape of a child with force.