Cal Poly student acquitted of sexual assault
February 5, 2015
A 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.