Cal Poly sexual assault case goes to jury

February 3, 2015

CaliforniaCourtsA San Luis Obispo jury will decide whether a 21-year-old Cal Poly student is guilty of sexual battery and of penetrating a female peer with a foreign object. [Tribune]

Frank Nguyen is not charged with rape, but he does face up to eight years in state prison. The alleged victim accuses him of holding her down and sexually assaulting her after they spent an evening together in her apartment.

Nguyen’s attorney, Patrick Fisher, accused the victim of changing her story. He said during closing arguments Monday that she lied on the stand by initially saying she did not know whether penetration occurred.

The female Cal Poly student changed her testimony after meeting with prosecutors during recess, Fisher said.

But, Deputy District Attorney Julie Antos showed jurors text messages that Nguyen and the woman exchanged about six hours after the alleged assault occurred. In the text exchange, Nguyen repeatedly apologized for the previous night, and the alleged victim accused him of sexually assaulting her.

Stories differ over how many times the woman told Nguyen to leave. The alleged victim told officers that she asked him to leave after they ate dinner and repeatedly told him to stop when he began hugging and kissing her.

During Nguyen’s interview with police, he said she twice told him to leave. In court on Friday, Nguyen testified that she only told him to leave once and that he left when told to do so.

If convicted, Nguyen will have to register as a sex offender. Prosecutors are not expected to pursue the harshest sentence, though.

A verdict is expected this week.


Her changing story on the stand and in a prior statement is her conscience showing. Any woman who had been through something like that would not later change the story to lean in the direction of his leaving after she only asked once.


Only the 2 of them will ever know the truth and their perception of what that truth is may differ. Very difficult situation for all involved.


Oh, sure, just show “Rashomon” to the jury, and let the perp off? NO WAY.

Hope the jury finds it’s way to justice on this one.


As in, the man always must be guilty because he is a man and thus a sexual predator. In no way do I condone any type of sexual assault against women, however, do these facts add up to that degree? We don’t know because we are not privy to all of the evidence.

Do inexperienced people ask and receive permission for every single sexual step. Or do they typically try to do something and it’s either accepted or not accepted, or initially accepted and then the person changes their mind. Is that worthy of a criminal conviction?