Cal Poly sexual assault case goes to jury
February 3, 2015
A 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.