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Editor’s note: This article depicts a sexual assault in detail.
UPDATE: Frank Nguyen has been acquitted of sexual battery and penetration with a foreign object, the San Luis Obispo Tribune reports.
The jury was split over a possible charge for battery, and Superior Court Judge Jacqueline Duffy declared a mistrial for that count.
Industrial engineering junior Frank Nguyen is standing trial for allegedly sexually assaulting a female student at Poly Canyon Village last March.
Nguyen is accused of sexual battery and penetration with a foreign object, which are both felonies. Closing arguments concluded Monday and a jury is anticipated to finalize a verdict later this week, according to an article published by the San Luis Obispo Tribune.
According to the Tribune, if convicted of both charges, Nguyen can face up to eight years in state prison and will have to register as a sex offender. He has pleaded not guilty.
Nguyen is accused by the victim of holding her down and sexually assaulting her after spending a night together at her apartment, as stated in one Cal Coast News article. After making dinner that night, the woman told officers that she told Nguyen to leave after they ate dinner. And when Nguyen started to hug and kiss her, the victim told him to stop multiple times.
Nguyen stated in an interview with police that she told him to leave twice, but he testified Friday that she only told him to leave once and left when told.
In another article by Cal Coast News, Nguyen explained his change in story was due to initially feeling intimidated by the police who questioned him. Nguyen went with the alleged victim to her bedroom where they watched a movie on her bed. They started kissing and he removed her bra. He then proceeded to fondle her genitals.
According to what Nguyen told officers, the woman did not say anything and did not push him off. He added that she was on top of him at one point and that he stopped when she began hyperventilating.
Cal Coast News also reported in the same article that a text message conversation was retrieved between the alleged victim and the accused. The woman told Nguyen that he had sexually assaulted her and he apologized multiple times for the previous night’s events.
During his closing statements on Monday, Patrick Fisher — Nguyen’s attorney — accused the alleged victim of lying on the stand when she said she didn’t know if penetration occurred, according to the Tribune’s article.
The victim initially said that she didn’t know if penetration occurred but changed her testimony later after talking to prosecutors.
Nguyen could be found guilty of lesser charges, such as attempted sexual penetration or simple battery, if the members of the jury cannot reach an agreement on the current charges. A verdict is expected sometime this week.