Man Guilty Of Rape In Missing Girl Case Will Not Be Designated A Lifetime Sex Offender: Attorney

RIVERSIDE, NY — A Bellport man, who admitted last month to raping a 14-year-old Patchogue girl who was missing for 25 days in 2024, will not be designated a lifetime sex offender due to his age and lack of criminal history, a judge ruled on Wednesday, his attorney said.

Assessing Kevin McDonald, 21, as a level 1 sex offender, which means he has a low risk to reoffending, is "justified, as opposed to level 2, which would be an overassessment said Acting Supreme Court Justice Karen Wilutis, Newsday reported.

When McDonald is released from the county jail after serving beyond his six-month sentence, he will be required to register as a sex offender for 20 years, and will remain on probation for 10 years, defense attorney Melissa Sue Aguanno of Holbrook said.

McDonald was reportedly accused of smoking marijuana with the girl and then having sex with her in the back seat of a car in Bellport last December, the day before she went missing.

Multiple other defendants have reportedly been arrested in connection with the girl's disappearance, facing charges including sexual abuse and trafficking.

McDonald is expected to be released Wednesday night, Aguanno said.

She explained that the charge McDonald is described as statutory rape due to the age of the girl and his age, but that the act was not forced.

During a pre-sentencing hearing, McDonald was assessed as a level 2, but Aguanno argued in a filing that it should be lowered, and the request was granted.

"There was no force, no compulsion, the charges based solely on age and age alone," she said, adding that McDonald has no prior criminal record, was a football player in high school, and was employed. "He was a good member of the community."

"He wasn't part of a sex trafficking ring while he was in the indictment with all of these other people," she said.

McDonald met the girl the day after she left home and did "not meet her on social media, and did not "approach her."

"She approached him," Aguanno said. "There's no There's no question about that part. He admitted what he did wrong. He made a poor decision, and he's now going to pay for the rest of his life, and I can hope that he can move on from this."

"But it's not the monster that everyone is trying to portray him to be," she said. "He's not a sex trafficker. He didn't know anyone else in this indictment. This is a guy, who was the day after this girl left home, she runs into him, and that's literally what this was."

"I just hope that he's able to live a successful life after this," she said. "And I hope that she gets the help that she deserves as well."

Patch has reached out to the girl's father for comment.