Paso Robles man standing trial for raping girlfriend’s aunt
July 8, 2016
A Tehachapi woman testified in San Luis Obispo Superior Court Thursday that, during Labor Day weekend in 2014, she awoke in a pool of vomit in her niece’s bed to find her niece’s boyfriend penetrating her vagina from behind. The man was allegedly whispering her name in her ear and pushing her face into the pool of vomit as he was raping her. [Tribune]
Paso Robles man Rian Mabus, 31, is standing trial for raping an intoxicated or unconscious person. He faces a maximum sentence of 10 years in prison.
Mabus initially denied having sex with the woman, but a rape test revealed the presence of his DNA. Mabus’ attorney argued during his opening statement that the sex was consensual, and the alleged victim made up the rape allegation because she was embarrassed she had sex with her niece’s boyfriend and was concerned her daughter may have seen the act.
In late August 2014, the woman, her 16-year-old daughter and her daughter’s 16-year-old boyfriend were searching for a place to stay in San Luis Obispo County. They contacted the woman’s 28-year-old niece, who invited them to stay at her Atascadero apartment.
On the Aug. 31, the alleged victim was drinking cocktails with her niece and Mabus. The Paso Robles man was making the drinks, Deputy District Attorney Julie Antos said.
The alleged victim consumed about five drinks over a few hours and became very intoxicated. She went to the bathroom several times to vomit.
As others went to sleep, she lost consciousness while in the bathroom, the woman testified.
When she woke up in the morning, she found her underwear was wet, and she began to recall the events from the previous night. The woman said that when she woke up during the night to find herself being raped, she could not move or speak. She felt like she was screaming but nothing was coming out, the alleged victim testified.
The Tehachapi woman testified she was suspicious Mabus drugged her drink because she had never gotten so sick from drinking.
After returning to her job, the alleged victim confessed to her boss what had happened. She then went to a hospital where a rape test was administered. Test results showed the presence of seminal fluid, as well as Mabus’ DNA. But, a toxicity test did not detect any drugs in the woman’s system.
An Atascadero police detective later coordinated a phone conversation between the woman and Mabus. The alleged victim asked Mabus what he put in her drink. Mabus said nothing and that everyone drank from the same mixer.
The woman also asked Mabus if she needs to be tested for any sexually transmitted diseases. Mabus responded by saying he did not do what she was thinking and that he was in bed all night with the woman’s niece.
The alleged victim then told Mabus she knows what happened. Mabus then hung up the phone.
During his opening statement, Defense Attorney Matthew Guerrero said Mabus had consensual sex with the woman after she came onto him. Mabus awoke in the middle of the night to use the bathroom, and he encountered the woman, who began kissing him, Guerrero said. Mabus and the woman then went to the bedroom together, the defense attorney said.
Guerrero argued the woman, out of fear and embarrassment, convinced herself that she was drugged and that incapacitated her.
Testimony in the trial is expected to last through next week.