Victim Speaks About Sexual Assault By Mexico Lindo Manager

Esteban Mata Plead Guilty to Fourth-Degree Criminal Sexual Conduct

The one-time manager of a popular Downtown Duluth Mexican restaurant is now behind bars, convicted of sexually assaulting a customer while working at the business last summer.

Esteban Magana Mata, 35, was convicted of a felony charge of fourth-degree criminal sexual conduct after he plead guilty to the charge in September.  He was sentenced this week to a guideline two-year prison term, five years supervised probation, and ten years conditional release. He must also register as a predatory offender. He will serve six months in jail.

Now that the court case is closed, the victim and her family want to share her story and warn other young women in Duluth. FOX 21 is protecting her identity and not using the victim or her parents’ name in this story.

Growing up in Duluth most of her life, the victim said as a 21-year-old woman she seemed to have it all, a happy relationship with her boyfriend and a full time job. She says in one moment, that all changed.

“The young woman I knew doesn’t exist, she has been changed forever,” said the victim’s stepfather. “That’s because of one act that was done to her.”

The victim’s mother and stepfather spoke to FOX 21 on her behalf to help others understand her story; it starts with a friendship with Esteban Mata.

As a regular at Mexico Lindo, the victim says Mata would often let her into the establishment for drinks early. One night in particular she was greeted with a fishbowl margarita and free shots. After she was extremely intoxicated, Esteban took her into the employee bathroom where she says he ignored her telling him no, pulled off her shorts and raped her.

She says when was able to get away, she called police.

The victim’s parents say it’s what she did next, that allowed her to fight for justice.

“Right away, she went to the hospital and right away she faced it,” said the victim’s mother. “It’s not always possible to be that strong, but it’s very important. It’s very difficult to do that after being through that, it’s not fun but it made a conviction possible.”

At the hospital staff gathered evidence for a rape kit that collected DNA that could be used in court proceedings.

According to the criminal complaint, Mata first told police officers he hadn’t had sexual contact with the victim at all, he then later turned himself in and eventually said there was “mutual kissing, “ and then later said there was some consensual genital contact. He claimed he changed his story because he was scared his wife would find out.

Getting the case to court and justice doesn’t erase the pain; it’s a reality the victim’s parents say has been very difficult to watch their daughter go through.

“Not sleeping, cold sweats, all this paranoia, not even being able to work,” said the victim’s mother. “All these things that happened are so real, sometimes you just detach from things.”

“We could have lost our daughter, she attempted suicide and there wasn’t a lot of warning. We were lucky she talked to us about it,” the victim’s mother continued.

“It still would have gone to trial, but our daughter wouldn’t have been at the trial, we would have buried her,” said the victim’s step-father.

Now, after months of treatment she’s getting stronger, able to try and resume a life. She says what happened will be with her forever.

“I still have flashbacks every day; I’m scared he’s still watching me,” said the victim. “I still have nightmares where I wake up fully engulfed in sweat with tears running down my face. I still freeze when I see someone who looks like him.”

She and her family hope with thousands of college-age girls in the Twin Ports her story will help someone else.

“Don’t trust any friend who will over-serve (alcohol),” said victim’s step-father. “Don’t trust anyone who will aid you to the point of over-intoxication especially if there’s a gender difference.”

The family has a message for other victims fighting for justice.

“If you’re in a (legal) process, don’t give up,” said the victim’s mother. “A lot of times people give up.”

“Our daughter was not the first; hopefully she’ll be the last. Had she not stepped up, she would not have been the last,” said the victim’s step-father. “We can’t let it be swept under the rug anymore. It’s there hurting people and changing their lives, ruining lives and ending lives.”

FOX 21 reached out to Mexico Lindo for a statement about the incident, and to ask about Mata’s current employment status at the establishment, but they did not return our request for comment.