Monterey Defendant Convicted of Sexual Battery Conspiracy After Impersonating Roommate

Sex crimes encompass more than rape. Under California law, sexual battery occurs whenever someone touches the intimate part of another person for a sexual purpose “against the will of the person being touched.” Even though sexual battery is a misdemeanor, a conviction can still permanently brand the defendant as a sex offender, which means that any such charge must be taken seriously.

Texting “Excellent Plan” Leads to Sexual Battery, Destruction of Evidence Charges

In a recent case from Monterey County, a defendant was convicted of conspiracy to commit sexual battery after prosecutors presented evidence that he impersonated a friend in an attempt to have sex with a woman. The defendant, his friend, and the woman had all been drinking at a bar on the evening in question. The friend and the woman went to the defendant’s apartment to have sex, which was consensual.

According to a series of text messages obtained by prosecutors, the friend told the defendant he had an “excellent plan.” The friend proposed the defendant “come and have sex with” the woman, who was still in the defendant’s apartment. The friend then told the woman to go the bedroom and to not say anything or look at him. The woman did so, thinking “that might have been ‘what he was into’ regarding sex.” At that point, the friend said he “sent the defendant into the room to pretend to be” him.

The defendant proceeded to get into bed with the woman, where he touched her intimate parts. At this point the defendant realized the defendant was not the friend. She immediately texted a friend to come and get her. She also called the Monterey County Sheriff’s Office.

Several hours later, a police officer interviewed the defendant and the friend. The officer first reviewed the friend’s cell phone, whereupon he found the text messages referring to the “excellent plan.” The officer then looked at the defendant’s cell phone (after advising him of his constitutional right against self-incrimination) and did not find any corresponding text messages. The defendant later admitted he had deleted them before going to the police station.

Ultimately, the friend entered a no-contest plea to misdemeanor sexual battery and testified against the defendant at his trial. A jury convicted the defendant not only of sexual battery but also misdemeanor “destroying or concealing evidence” for deleting his text messages. The defendant was credited with the 229 days he spent in jail awaiting trial and sentenced to an additional three years of probation.

The defendant appealed his conviction, but the California Sixth District Court of Appeals upheld the jury’s verdict in an unpublished opinion in July. The court said that it was reasonable for the jury to conclude that “a victim has not given consent within the meaning of [the sexual battery statute] absent knowledge of the identity of the person touching her.” It was also reasonable for the jury to find the defendant “interfered with an investigation” by deleting the incriminating text messages.

Have You Been Accused of a Sex Crime?

If you have been accused of any type of sex crime, the most important thing to remember is not to try and handle the matter yourself. You should never speak to the police without first contacting an experienced San Jose criminal defense attorney who can advise you on the proper course of action. Contact the offices of Wesley Schroeder, Attorney at Law, if you need to speak with a qualified sex crimes defense lawyer right away.

Source:

https://scholar.google.com/scholar_case?case=1105106729414026042&hl=en&as_sdt=6,47