Man says alleged assault on child at state pool was misunderstanding

WALTHAM, Mass. (MyFoxBoston.com) -- A man accused of allegedly assaulting a child at a Waltham state pool over the weekend was arraigned in court Monday, saying the entire incident was a misunderstanding.

Just before 4:30 p.m. on Saturday, state troopers responded to the Connors Memorial Swimming Pool for a possible indecent assault and battery on a juvenile. When the troopers arrived, one was met by the mother of an 11-year-old girl who said her daughter was assaulted while swimming in the pool.

The young girl's mother, Stacey Melanson, says her daughter was in the pool when a man jumped in and grabbed her daughter below the waist, and sexually assaulted her. The girl was with her aunt at the time, who ran to the lifeguard on duty to tell him what happened.

"The guy dove under the water and grabbed my daughter's privates and swam away," Melanson said. "I'm sickened by it. I'm absolutely sickened by it because there's no place kids can go to feel safe." Melanson said.

In an interview with FOX25's Ted Daniel on Sunday, Melanson said her daughter is developmentally delayed, and sometimes has difficulty understanding and expressing herself.

But her mother said at home and at school her daughter has learned the difference between a good and bad touch, so she knew exactly what to do when a stranger grabbed her.

"We've always told her don't allow anybody to touch you ever in any place your not comfortable with," she said.

Melanson said she's not sure if her daughter would have known to speak up had she not been taught that lesson.

Police investigated and arrested Victor Lopez, 37, of Watertown on the charge of indecent assault and battery on a child under 14. Lopez was at the pool as a guest, officials say. He is from Guatemala, police say, so was asked to surrender his passport as well.

Lopez, a father of five, has no criminal record and works as a landscaper. On Monday, his defense attorney said the pool was crowded, and everyone was bumping into each other.

Melanson, however, said her daughter's step-brother saw Lopez go under the water and reach up and grab the girl between her legs.

In court, Lopez said he was doing flips in the pool and may have touched someone with his hand.

"I don't believe it. If it was an accident, he would have stopped, apologized," Melanson said. "He did nothing."

A judge set Lopez's bail at $3,000.

Cox Media Group