Cal Poly student acquitted of sexual assault

February 5, 2015

lady-justice2A San Luis Obispo jury has acquitted a Cal Poly student charged with a sexually assaulting a female friend. [Tribune]

Jury forewoman Alice Fisus said prosecutors did not present enough evidence to convict Frank Nguyen, 21, of sexual battery and penetration with a foreign object. The jury also voted 8-4 on a lesser count, failing to reach a verdict over a charge of just battery.

Judge Jacqueline Duffy declared a mistrial on the battery count, and the San Luis Obispo County District Attorney’s Office does not plan to retry the charge.

The alleged victim accused Nguyen of holding her down and sexually assaulting her during a March 23 incident last year at her campus apartment. Prosecutors argued that Nguyen held her down and fondled her genitals after she told him to stop.

Nguyen testified that she only told him to leave once, and he immediately left after that. His attorney argued that alleged victim only accused Nguyen of sexual assault after telling her ex-boyfriend about the encounter.

Nguyen faced up to eight years in state prison for the charges, though prosecutors indicated they would not pursue the harshest sentence. The Cal Poly student also would have had to register as a sex offender had the jury found him guilty.


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20 Comments

  1. indigo1955 says:

    Great reason to pay close attention to the situations he gets himself into. At least she wasn’t the Jodi Arias type….

    (2) 4 Total Votes - 3 up - 1 down
  2. slowtime says:

    Good job jury. A scorned women making up stories after the boyfriend finds out. Poor guy gets thrown under the bus for nothing but a false victim using her power of the kitty. Has she no shame? This scenario repeats itself time and time again. This women thinks she is the only one making up this kind of lie.

    (2) 14 Total Votes - 8 up - 6 down
    • audidriver2010 says:

      no kidding.. Im sure she didn’t want her bf to know she had some random guy over at 230 am for “dinner” because women always tell the “truth” right??

      http://falserapesociety.blogspot.com/2011/03/another-woman-falsely-cries-rape.html

      (6) 6 Total Votes - 6 up - 0 down
    • OnTheOtherHand says:

      The jury’s verdict was “Not Guilty” not “Innocent”. The difference is that there was insufficient proof of guilt not necessarily proof of innocence. That is a consequence of the “Innocent Until Proven Guilty” philosophy upon which much of our law is based. Based upon what I’ve seen here, the jury was probably correct in reaching that verdict. Whether he did what he was accused of or not is unknown to anyone other than him and his accuser and if alcohol was involved even they may be hazy on the details.

      I am glad that the “Innocent Until Proven Guilty” philosophy is part of our legal heritage. It may occasionally result in the guilty going free but it is more important to prevent the innocent from being wrongly punished. It is too bad that we have seen a subtle but steady trend away from it over the years. From lack of quality counsel for poor defendants to abuses by police and prosecutors of individual rights in their eagerness to win a verdict, to various laws and regulations being passed by legislators to get around Constitutional protections, the attacks continue.

      (-1) 3 Total Votes - 1 up - 2 down
      • willieslo says:

        The jury’s verdict was “Not Guilty” not “Innocent”.

        The same should occur to the victim, she should be charged for making a false report, arrested, hire an attorney, tried and found the same if appropriate! (It ain’t gonna happen)

        (3) 3 Total Votes - 3 up - 0 down
  3. Rambunctious says:

    I sure am glad I’m not attending an American university these days. If I were in school today I wouldn’t go near a women on campus and I would only date women over the age of 30.

    (3) 7 Total Votes - 5 up - 2 down
  4. Ted Slanders says:

    Well it’s about time the court system relies upon the Hebrew God’s Christian bible because Frank Nguyen has complete rule over any woman, praise!

    “ But I would have you know, that the head of every man is Christ AND THE HEAD OF THE WOMAN IS MAN”. For the man is not of the women; but the woman of the man.” (1Corinthians 11: 3,8 )

    “But I suffer not a woman to teach, NOR TO USURP THE AUTHORITY OVER THE MAN, but to be in silence.” (Timothy 2:12)

    “For a man ought not to cover his head, since he is the image and glory of God, but woman is the glory of man, for man was not made for woman, but woman from man, NEITHER WAS MAN CREATED FOR WOMAN, BUT WOMAN FOR MAN.” (1 Corinthians 11:17)

    (-20) 26 Total Votes - 3 up - 23 down
    • abigchocoholic says:

      “But I suffer not a woman to teach, NOR TO USURP THE AUTHORITY OVER THE MAN, but to be in silence.” (Timothy 2:12)
      —————–
      Ted,

      you crack me up. And the moderators never seem to delete your posts.

      Keep up the good work.

      (3) 5 Total Votes - 4 up - 1 down
      • Ted Slanders says:

        abigchocoholic,

        Since we’re told this is a Christian Nation, a lot of these trials could be sidestepped if one actually read the bible that they swear in with, and followed it to the letter! Case in point, and as shown with my biblical verses, Frank had all the right over this Sister of Eve named Alice Fisus, but he obviously didn’t know it.

        Yes, the bible does provide more so for the ruling man, over that of the second class women, praise!

        (-5) 5 Total Votes - 0 up - 5 down
    • achillesheal says:

      I guess the government prosecutor was no match for a real lawyer!

      (0) 6 Total Votes - 3 up - 3 down
      • willieslo says:

        The government prosecutor also smelled something fishy!

        She only got pass lying only to one of her boyfriends and the cops!

        (2) 2 Total Votes - 2 up - 0 down
    • Ted Slanders says:

      ^^^

      Here we go again! The “plethora” of dislikes to my godly and biblically backed post are obviously from non-believers again that can’t accept our Hebrew Bronze Age God’s doctrine as we go into the 21st Century.

      They’ll pay dearly upon Judgment Day, praise!

      (-7) 9 Total Votes - 1 up - 8 down
    • Pelican1 says:

      Ted, Ted, Ted….
      WHY WERE MEN GIVEN LARGER BRAINS THAN DOGS?
      (so they won’t hump women’s legs at cocktail parties.

      (11) 13 Total Votes - 12 up - 1 down
      • Ted Slanders says:

        Pelican1

        Total blaspheme, you should be ashamed!

        “But now you must put them all away: anger, wrath, malice, slander, and obscene talk from your mouth.” (Colossians 3:8)

        “Let no corrupting talk come out of your mouths, but only such as is good for building up, as fits the occasion, that it may give grace to those who hear.” (Ephesians 4:29 )

        “And he called the people to him and said to them, “Hear and understand: it is not what goes into the mouth that defiles a person, but what comes out of the mouth; this defiles a person.” (Matthew 15:10-11)

        (-5) 7 Total Votes - 1 up - 6 down
  5. Rich in MB says:

    Where does he get his reputation back?

    (20) 30 Total Votes - 25 up - 5 down
    • bobfromsanluis says:

      He did not get convicted, he is not required to register as a sex offender. As for his reputation, his future actions will either reenforce his acquittal, or call it into doubt; it’s up to him.

      (-7) 31 Total Votes - 12 up - 19 down
      • achillesheal says:

        tell that to the Duke Lacrosse players.

        (7) 9 Total Votes - 8 up - 1 down
    • achillesheal says:

      How about his legal bills.

      (8) 8 Total Votes - 8 up - 0 down
    • willieslo says:

      Where does he get his reputation back?

      Unfortunately, our society is initially believe the woman more than the man

      (5) 5 Total Votes - 5 up - 0 down

Comments are closed.