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San Louis Obispo prosecutors retry sex crimes case

A man is preparing his criminal defense and will go to court again to face one of two charges filed against him for rape. Prosecutors in San Louis Obispo will retry a man for sex crimes allegedly stemming from a 2014 incident. He was originally acquitted of one rape charge (based on an accusation that the alleged victim was unconscious of the nature of the act). The jury was unable to reach a verdict for another charge, that of rape of an intoxicated person.

Based on the deadlocked jury, prosecutors have again brought the case to trial. The defendant was originally facing up to 10 years in prison, but with the acquittal, he will only face up to eight years in prison if convicted. Jury selection for the second trial has already begun. 

The incident occurred during Labor Day weekend in 2014, during which the man supposedly had sex with his girlfriend's aunt while she was staying with him and his girlfriend. The aunt claims that she awakened in a pool of vomit while the defendant was penetrating her from behind. The alleged victim stated that she had drank about five drinks that night, and that the defendant may have drugged her. The man initially denied having sex with the woman, but this was said to have been confirmed by DNA. 

Part of the man's defense was based on a claim that the sex was consensual. The man's defense team argued that the woman was embarrassed by her actions of sleeping with her niece's boyfriend, and that she had made up the rape allegation to protect herself and because she was concerned that her daughter may have seen the act. A sex crimes charge calls for a strong defense. The San Louis Obispo case shows the need for the help of a lawyer when facing serious criminal charges in order to reduce the likelihood of being convicted of a crime. 

Source: calcoastnews.com, "SLO prosecutors to retry Paso Robles man on rape charge", June 5, 2017

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San Louis Obispo prosecutors retry sex crimes case | Fisher Law Office