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.