No charges for Cal Poly rape suspects

May 24, 2011

Police will not be pursuing criminal charges against two suspects who are accused of raping women at California Polytechnic State University in San Luis Obispo in two separate incidents because of a lack of evidence.

Cal Poly University Police have closed both cases because officers were not able to gather sufficient evidence to put together criminal cases.

The investigations have been turned over to Cal Poly administrators, who will do their own investigation. If university officials find sufficient evidence, they can issue sanctions against the suspects.

The first of three alleged rapes of unconscious women in nine day occurred at the Sigma Phi Epsilon fraternity house on California Boulevard on May 7. Cal Poly student Joseph Trupiano, 23, turned himself in after discovering he was the primary suspect.

Trupiano was booked on sexual assault charges and taken to San Luis Obispo County Jail where his bail was set at $100,000. His arraignment is scheduled for Thursday.

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Kids are boozing like it’s water these daze. Friend of mine is a cop, down at the station the common belief is the girls get too hammered, things happen, then they try to clean up their rep. by reporting a rape. That’s all I’m doing, reporting.

Still, using booze instead of charm should be determined as rape. Every guy knows that’s true.

Again, as I’ve always wondered.Why is booze even legal? It’s by far, down thru history, the most destructive drug ever.

People are @ their worst when drunk. Drinking solvents, yeah, that’s something an already sick society needs, eh? Raise the legal age to 75 and no driver’s license allowed.

If this had been DA Shea’s daughter would the attention be any stronger? Just a thought.

all the discussion that has gone on around this on conglaton and elsewhere makes me ashamed to be a resident in this area. I am the father of daughters and am outraged at the ignorance of most of the men and women regarding the subject of rape. Its a crime, women don’t go around “asking for it” by there appearance or style. They should be able to live free of that fear and just worry about the stuff we all do, like drive by shooting, lawless thugs with badges that like to kill people and the such. Tropiano is very fortunate that neither of my daughters were involved here. Blind justice rules with local cops and the subject of rape. They are blind to the crime. Fathers of daughters should take action and prove that there are capital consequences to the crime.

I would tend to agree with you here, especially as I am a father of girls. The rules of society and moral behavior is to ask first then wait for approval before you act. It’s the law and it’s good behavior…There is no excuse for rape and rapists are ripe for repercussions…

I am going to risk being castigated here and take the position that it is possible (not certain) that Tropiano is actually innocent.

I am not defending those who take advantage of a young woman who is foolish enough to get seriously drunk at a party to say nothing of forcible rape of one who actively says “No”. However, sometimes there is a gray area where a young woman is not obviously out of it and is not giving a clear signal that she does not want sex. Is that what happened here? And how does anyone tell if sex was consensual or not in those circumstances unless there were credible witnesses?

There is also the possibility of post-sex regrets where the claim of “rape” is made when the sex was truly consensual and where claims of “rape” are made when nothing happened at all except that the “victim” has a grudge against the “accused”. Granted these situations are increasingly less probable, but I know they have happened.

As emotional as the accusation of Rape is — particularly for parents or for people close to those that have been raped — we need to step back and check the facts before accepting accusations at face value. A person falsely accused of rape is also a victim as the stigma stays even if charges are dismissed. And a person falsely convicted could suffer a fate as bad as (if different from) a real rape victim.

While your daughters may not be the type to make false accusations for purposes of revenge for a non-criminal act, there are women in this world (and this county) who are perfectly capable of doing so. (Meth users can be very convincing liars and have little or no conscience as one example.) If you haven’t had to deal with any of them, you are fortunate. Do not assume that others haven’t.

PS I haven’t been accused of rape, but I have been a victim of other lies by the type of person mentioned.

In the 1970’s I took a law class, the professor told us that the law was made to lean in favor of the less advantage (rape / child molest cases) because those crimes occur under cover (behind closed doors).

Later DNA evidence freed the falsely charged of many who had already served prison time.

In one case a DA had exculpratory evidence and failed to consider it, he was later terminated.

Funny but serious, that there are females out there that will yell rape, to use other’s and because of this, many woman who have been raped are doubted especially when a wealthy or clever rapist is involved e.g. Roman Polanski.

“outraged at the ignorance of most of the men and women ”

Your wrong!

It is our CS public officials that you should be outraged with!

Real professional help is ready and willing to come in for free but our Sheriff holding out for revenue.

The Smart family will never have closure until the culprit confess where the body is buried (period)!

Fifty percent of all rape allegations are disproved at the investigative level.

Lack of evidence to me means unable to prove in a “criminal court” beyond a reasonable doubt.

Insufficient evidence to me means unable to prove “administratively” by a preponderance of evidence.

No evidence to me means allegations untrue, not guilty.

Ah, but couldn’t “lack of evidence” also mean “no evidence” (not just “too little evidence”)?

Yeah, they’re often cryptic like that, but I agree with your points.


Interesting that “Lack of” can mean any of the three interpretations.

Four if you were to include clear and convincing evidence in a civil matter.

Is it me, or is the grammar in this article horrendous?

Not to play devil’s advocate here, but usually a “lack of evidence” in a rape allegation is biological – either the victim waited too long (and bathed, etc) or there was nothing left behind… which is often enough to sway a jury or at least plant the seeds of doubt (no pun intended! really!)

Police will not be pursuing criminal charges against two suspects who are accused of raping woman…

So two suspects double-teamed some victim?


The first of three alleged rapes of unconscious woman in nine day occurred at the Sigma Phi Epsilon fraternity house

Again, only one woman unconscious? In nine day? OK, I’m taking off my Grammar Police Badge.

Is it just me or has someone else noticed that the technique young men are using to relieve young women of their knickers is the same technique that the cal poly administration uses to relieve donors of their wallets? Drinking is OK if you’re a potential donor and not OK if your a student. Is this the ultimate double standard or what?