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Tapes provide details of alleged Cal Poly rape

June 8, 2011

The Cal Poly student accused of rape said he had consensual sex with the alleged victim, while the woman said she woke up the next day naked with severe pain and scratches, according to two search warrants filed by San Luis Obispo Police. [Tribune]

On May 7, the woman said she went to a party at the Sigma Phi Epsilon fraternity house at 280 California Blvd. where she drank a 375-milliliter bottle of Jagermeister liquor. She woke up about noon the next day naked and believing she had been raped, but no idea of who she had sex with.

That was until Joseph Trupiano, 23, called her a few days after the alleged rape.

Police were able to get details of the alleged assault that led to the arrest of Trupiano by taping three phone calls between Trupiano and the woman. And while the woman was aware the phone calls were taped, Trupiano was not.

During the first call she asked Trupiano if he had any sexually transmitted diseases, he said no and that he had used a condom.

In the next conversation, Trupiano wanted to know how she was feeling and said they had met for the first time that night.

She responded asking him if he thought it was “OK to do what he did if he knew she was super drunk and out of it,” the warrant states.

Trupiano said they were both drunk and that she had taken him by the hand, led him to a room at the fraternity house and said “take me somewhere or let’s do it, or something like that,” the warrant states.

She then interrupted him and said that she “passed out.”

Trupiano replied, “Yeah,” and went on to say he did not think it was rape, that she undressed herself, gave consent and responded “yes” when he asked if she was free of sexually transmitted diseases. The woman did not ask if she passed out before or after they had sex.

During their third conversation, Trupiano asked the woman to meet him in person to clear up what happened.

Trupiano was taken into custody on May 12 after he, accompanied by an attorney, came to the police department to face the sexual assault allegations. He was released on a $100,000 bond.


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K, if it cost Joe’s family a ridiculous amount of money, you should reduce your rates for assistance as a family law attorney….


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Wow, Cindy, you ‘oughtta be an alcoholism counselor! But before you launch your career, read a book on it. I printed some excerpts below for your benefit:


Under the Influence

“When human beings drink alcohol, it travels rapidly to the stomach, where approximately 20 percent immediately passes through the stomach walls into the blood stream. The remaining 80 percent is transferred from the stomach to the small intestine, where it is then absorbed into the blood stream”

“The concentration of alcohol in the body is described by researchers in terms of the blood alcohol level (BAL), which is simply a measure of the percentage of alcohol in the blood…When a person drinks more alcohol than his body can immediately eliminate—at the average rate of approximately one-half ounce per hour…alcohol accumulates in the bloodstream, and the BAL rises. As the BAL rises, the drinker’s behavior, thoughts, and emotions are increasingly affected, with severe disruptions in behavior occurring at high BALs. A person with a .10 BAL, for example, is considered legally ‘under the influence’…”

Note: In San Luis Obispo County, I believe the legal limit is .05… “5 parts of alcohol to 10,000 parts other blood components.”

… “ A number of other factors can affect the rate at which behaviors are altered…(including)…weight…food or lack of it…the type of mixer…water and fruit juices slow the process, while carbon dioxide speeds it up…carbonated mixers such as Coca Cola, ginger ale, and quinine water rushes through the stomach and intestinal walls and into the blood stream, carrying alcohol along with it and creating a rapid rise in BAL…higher concentrations of alcohol result in more rapid absorption…pure alcohol is generally absorbed faster than diluted alcohols…”

Alcohol’s “relatively simple molecular structure allows it to pass right through cell membranes and mix in the entire content of the body. Brain, liver, heart, pancreas, lungs, kidneys, and every other organ and tissue system are infiltrated by alcohol within minutes after it passes into the blood stream.”

“…The brain is usually protected from chemicals and drugs by an electrical-chemical filter system known as the ‘blood/brain barrier,” which makes sure than only very simple molecules such as those of oxygen and water can pass through. The …structure of alcohol allows it to penetrate the selective screen and gain easy access to the brain and its extension, the spinal cord.”…

“When blood alcohol concentrations reach very high levels, the brain’s control over the respiratory system may actually be paralyzed. A .30 BAL is the minimum level at which death can occur; at .40 BAL the drinker may lapse into a coma. At .50 BAL, respiratory functions and heatbeat slow drastically, and at .60 most drinkers are dead.”

“Only rarely, however, will a normal, nonalcoholic drinker take in enough alcohol to lose consciousness…alcohol taken in large enough quantities to cause unconsciousness…(can)…kill the drinker….”

“Acetaldehyde, the …byproduct of alcohol metabolism, appears to be one of the major villains in the onset of alcoholic drinking. The trouble probably begins in the liver. Charles Lieber, chief of the research program on liver disease and nutrition at the Bronx Veterans Administration Hospital, found that the same amount of alcohol produced very different blood acetaldehyde levels in alcoholics and nonalcoholics. Mich higher levels were reached in alcoholics. Lieber theorized that this unusual buildup of acetaldehyde was caused in part by malfunction of the livers enzymes.”…

“Alcoholics, then, appear to have a liver cell malfunction which causes acetaldehyde to accumulate when they drink.”

“In summary, addiction to alcohol may, in part, be traced back to the liver enzyme malfunction which results in a buildup of acetaldehyde throughout the body

“One of the first symptoms of alcoholism is, ironically and tragically, an ability to increase alcohol intake and still function “normally.”…in the early stages of alcoholism, the alcoholic is not sick, in pain, or visibly abnormal…the early adaptive stage of alcoholism appears to be marked by the opposite of the disease…a supernormal ability to tolerate alcohol and enjoy its euphoric and stimulating effects.”

From the book Under the Influence, by Katherine Ketchum and Dr. James R. Milam.


Better an alcoholism counselor than a lawyer or a gynocologist, Cindy, ’cause you aren’t evolved enough for that. Even men have more compassion, and are less judgmental than you are.


0

I am not about to feel sorry for a young bimbo that attempts to destroy a young man’s life because she is unwilling to take responsibility for her own actions.

The very fact that you call me heartless indicates that you’re content to blame “the disease” rather than the individual who wreaks havoc in the lives of the innocent. I call it tough love, alcoholics (like this girl) walk into people lives, sh*t on the floor and then walk away leaving everybody else standing in it. Grow up.


0

He obviously called her because he got wind of the fact that she didn’t remember who he was and she was claiming rape. He wanted to set her mind at ease so that she knew what had or rather hadn’t transpired and reassure her that she didn’t get attacked, video taped, trained or whatever else she was conjuring in her head.

I imagine he thought that if he filled in all the blanks for her that she would feel better about what she did and/or didn’t do. After all, I’m sure it wasn’t the first time she willfully engaged in a one night stand. Considering that she was able to drink to the extent she did without becoming violently ill and spending the night vomiting with the spins indicates that she has been drunk and blacked out many times.

Unfortunately, she wanted to “play” the victim game and refused to take responsibility for her actions. I’m sure he learned a valuable lesson. Hopefully, she did too.


0

The charge is absurd. Do you hear that DA? Read the posts here. Based on the facts from the police report itself you nave no chance of winning this case. No rape occurred. Period. You can forget about even trying to prove a rape beyond a reasonable doubt.


You are trying to turn a normal male college student into a felon, a convicted sex offender. Not going to happen with these facts.


That you would even arrest him and make him post bond on these facts show you are out of touch. You’ve already cost the kid ten grand. This sex is a consensual as consensual gets by the facts in the police report.


Instead of trying to turn normal college students into felon sex offenders why don’t you go and find real criminals to prosecute.


0

Wow, you oughtta be a lawyer! Here’s your first lesson:

261. (a) Rape is an act of sexual intercourse accomplished with a

person not the spouse of the perpetrator, under any of the following

circumstances:

(1) Where a person is incapable, because of a mental disorder or

developmental or physical disability, of giving legal consent, and

this is known or reasonably should be known to the person committing

the act.

(3) Where a person is prevented from resisting by any intoxicating

or anesthetic substance, or any controlled substance, and this

condition was known, or reasonably should have been known by the

accused.

(4) Where a person is at the time unconscious of the nature of the

act, and this is known to the accused. As used in this paragraph,

“unconscious of the nature of the act” means incapable of resisting

because the victim meets one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act

occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the

essential characteristics of the act due to the perpetrator’s fraud

in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the

essential characteristics of the act due to the perpetrator’s

fraudulent representation that the sexual penetration served a

professional purpose when it served no professional purpose.


261.6. In prosecutions under Section 261, 262, 286, 288a, or 289,

in which consent is at issue, “consent” shall be defined to mean

positive cooperation in act or attitude pursuant to an exercise of

free will. The person must act freely and voluntarily and have

knowledge of the nature of the act or transaction involved.

A current or previous dating or marital relationship shall not be

sufficient to constitute consent where consent is at issue in a

prosecution under Section 261, 262, 286, 288a, or 289.

Nothing in this section shall affect the admissibility of evidence

or the burden of proof on the issue of consent.


261.7. In prosecutions under Section 261, 262, 286, 288a, or 289,

in which consent is at issue, evidence that the victim suggested,

requested, or otherwise communicated to the defendant that the

defendant use a condom or other birth control device, without

additional evidence of consent, is not sufficient to constitute

consent.


263. The essential guilt of rape consists in the outrage to the

person and feelings of the victim of the rape. Any sexual

penetration, however slight, is sufficient to complete the crime.


264. (a) Except as provided in subdivision (c), rape, as defined in

Section 261 or 262, is punishable by imprisonment in the state

prison for three, six, or eight years.


0

Chick is an exhibitionist, release the guy, and prosecuted this hoar for false reporting, she is testing what she can get away with!


0

oops… apparently, I DID read it wrong! :) Sorry.


0

As soon as kids enroll in college they should be told that drinking alcohol is against the law. If you drink you have to do 60 laps and baby sit 14 screaming kids. Or better yet, take care of drunks in rehab. Bring them buckets and towels. Cut out the parties and concentrate on learning.

Give the kids hours and hours of training on what to do while they are looking for jobs. I remember sitting in the Sears personnel office for 2 weeks til they made an opening for me. Teach the kids not only how to get a job but how to keep one.

Give diplomas for learning how to respect women and how to say no.

Give prizes for abstinance awareness. In fact, give the virgins a reduction in tuition fees. (This goes for boys and girls).

Worked with my kids. Abstinance got them a car after high school the boys and the girls. Not smoking or drinking got them a better car. High grades in college got them 4 years paid for by my wife and I. I love kids but I am very grateful our kids waited til getting married to have any. That earned them help with a down payment on their house. Not much help but a little. The older I get the less money we have.

I could have saved all that money but I got a big kick out of seeing the kids do so good. It wasn’t because of the money dangling above their heads, it was the pride they could see in their mother and I. The money was just a reward. Made me happy.


0

Great Post and congradulations, you deserve to brag, sounds like you did a great job.


0

You went to a frat party, drank an entire bottle of Jager and now it’s somehow not your responsibility that you ended up in a poor situation? Wow…


0

Homerun, jessejames…

No one forced a whole bottle of jager down her.

Like with many alcohol related crimes they could have been completely prevented by the one bing drinking.

I’m not all saying she is the only one to blame there is plenty of shared blame here. But a pattern of behavior rears up during these college bing drinking events and it usually does not have a good outcome for the binger…


0

It gets better, this girl isn’t even a student. She is a local that likes to show up at the Frat boy parties! I have to wonder if she was upset that the “Class of 2011” – CalPoly Grad was gone in the morning?


0

Lets not forget the guy. He claims he was drunk too. So he went to a Frat part drank an entire bottle of Jager and somehow should get off the hook for a sexual liasion with another drunk person. Wow the girl is not the criminal here. The guy is gonna become a boytoy at CMC and where is the lesson here and who should have stayed sober.


0

I don’t think anyone is forgetting the guy… he’s had his reputation irreparably damaged and his name dragged through the mud, all because one woman could not remember what happened after she downed an entire bottle of Jaegermeister on her own.


How ironic that Jägermeister translates to “master hunter” – perhaps she was on the prowl and did not like what she remembered/didn’t remember of her prey the next morning?


0

Am I reading this correctly?


Dude asks her if she has any STDs, she replies “yes”, and they do it anyway?


Yikes!


0

NO- Dude asked if, “she was free of sexually transmitted diseases” and she said yes.

What I can’t believe is that she took him into a bedroom, said something about “lets do it” took off her clothes, confirmed that she was STD free, can’t remember anything and somehow she was raped!

What a little wench.

Apparently, prior to all this occurring, she hung her panties up on a tree in the court yard! Wonder if that’s how she scratched her arms?


0

So… they’re both drunk, but they have the ability to discuss STDs? And if someone is that loose, you think they’ll be honest about STDs? Especially after getting all liquored up?


Each of them are a dumbass, and someone should be made to reimburse our city for the cost of all this nonsense. Maybe a 75-25 split, with the idiot girl getting the 75% and the idiot boy getting the 25%…


Is it me, or are kids just becoming more and more dumbarses today? I mean, they’ve always been around, as have really good, shining kids; but it seems more are less “stand-up” than previous years. Or maybe we’re just hearing about it more than before.


0

You do know that this has already cost Joe’s family a ridiculous amount of money as well? On top of the 10 grand for bail he has had to get a lawyer, and withdraw from a quarter at Cal Poly (forfeiting $2,000) worth of fees. Oh yea, and Joe had a job lined up post graduation and he may have already lost that offer. On top of that he couldn’t participate in his graduation ceremonies with his graduating class or get the degree he worked so hard to get. This is just the tip of the iceberg, not to mention his reputation is tarnished and he and his family have experienced great emotional turmoil. Don’t complain about how much this is costing our city. If our cops weren’t stupid enough (or if they had something better to do) to jump to conclusions and arrest a man with very little evidence, while ignoring this girl’s lack of credibility they would not be wasting their money on a pointless investigation. Why do you think his hearing was postponed? Because prosecution does not have enough evidence to go forward with the case! They’re frantically trying to cover their arses…but, it just isn’t going to happen.


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