Cal Poly student on trial for sexual assault

February 2, 2015

lady-justice2A Cal Poly student is standing trial for allegedly sexually assaulting a female friend last March. [Tribune]

The alleged victim, also a Cal Poly student, accuses Frank Nguyen, 21, of holding her down and sexually assaulting her after they spent an evening hanging out together in her apartment. Nguyen, who testified Friday, said the female student never resisted his advances and that he left when she suggested that he leave.

Nguyen is charged with sexual battery and sexual penetration with a foreign object. He told officers during a recorded interview that he was a virgin and was only trying to get to third base.

Officers seized a text message exchange, though, in which Nguyen repeatedly apologized for the previous night. In the text exchange, the alleged victim accused him of sexually assaulting her.

The woman’s account of the night differs from Nguyen’s after they ate dinner in her apartment. She told officers that she asked him to leave after dinner and repeatedly told him to stop when he began hugging and kissing her.

During Nguyen’s interview with police, he said the alleged victim twice told him to leave. When questioned on the inconsistency in his story, Nguyen said in court Friday that he was confused and intimidated by the aggressiveness of officers.

In his interview, Nguyen said he became friends with the alleged victim through the Cal Poly Chinese Student Association. He described the night of the alleged assault as a casual social visit that slowly turned romantic.

After dinner, Nguyen went with the alleged victim to her bedroom, where they lied on the bed and watched a movie, he said. They then began to kiss, and he removed her bra and fondled her genitals.

He told officers that she did not push him off or say anything, and that at one point she was on top of him. He stopped when she began breathing heavily, Nguyen said.

Both the prosecution and defense rested their cases on Friday. Closing arguments are scheduled for Monday afternoon in San Luis Obispo Superior Court.

If Nguyen is convicted of both counts, he will have to register as a sex offender and could face a maximum of eight years in prison. Prosecutors are not expected to pursue the harshest sentence, though.

Between October 2014 and January 2015, three sexual assaults were reported to have occurred at Cal Poly fraternity houses. No arrests have occurred in the cases, though, and prosecutors have yet to press charges.



  1. audidriver2010 says:

    I think she invited him over for fun and then realized he was a complete geek and then
    backpedaled…maybe she thought she was getting a more experienced lover??

    Her “regret” isn’t rape or sexual assault.. but oh I forgot women never bad!!

    (0) 4 Total Votes - 2 up - 2 down
  2. smile4thecamera says:

    Last I checked, No means NO.

    (0) 4 Total Votes - 2 up - 2 down
    • OnTheOtherHand says:

      It does. The questions are: “When did the ‘NO’ come?” and “What happened after it came?”

      From what is presented in the article, I would have a hard time voting for conviction. There might be more to the story that is not mentioned here which could change that. It does seem like a “She said, He said” situation and more proof than that is needed to convict.

      (4) 6 Total Votes - 5 up - 1 down
      • willieslo says:

        The only people who know or understand what really happened are themselves.
        I doubt there is any more that can be bought onto the table to gauge evidence.
        Even the DA is wise enough to be a little skeptical on this one.
        Nguyen better have a good attorney, he can be intimated to needlessly accept a plea out of fear itself.

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

    Sex with anyone even remotely appearing near the age of 18, with a date, with a colleague, with a prostitute, with a contract agreement is no longer safe.
    the only sexual relationship that don’t make the news are gay, lesbian, threesome, legalized prostitution in Vegas-Tijuana, or through marriage.

    (0) 10 Total Votes - 5 up - 5 down
  4. Skippyk says:

    If convicted prosecutors may not seek the max incarceration term. Why wouldn’t they? Perhaps because the automatic sex offender registration is the worst punishment there is. Talk about a life sentence! They know it and are perfectly happy with that.

    Boy, does it ever got more “he said – she said”. Innocent until proven guilty? This young man, of course, must prove his innocence.And good luck with that. Am I ever glad my sons are out of college…

    (6) 10 Total Votes - 8 up - 2 down
  5. Ted Slanders says:

    Frank Nguyen has bigger problems subsequent to this trial because if he is a true Christian, he will have to pay the father of this Sister of Eve that lead him on, 50 shekels of silver, which equals in today’s silver price, around $300.00. Then if this wasn’t enough for him to have been lead astray by this second class women, Frank will have to marry her and he will NEVER be able to divorce her!

    “If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her. He may not divorce her all his days.” (Deuteronomy 22:28-29)

    It’s too bad that Frank didn’t tell this second class women that he is the head over her, whereas the outcome might have been different. Live and learn.

    “ 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 )

    Frank can thank his lucky stars that even though this woman lead him on, he didn’t try this act out in the open country, and that she was not engaged, because if this had happened, he would have to be put to death! (Deuteronomy 22:25-28)

    (-7) 17 Total Votes - 5 up - 12 down

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