commentary by SAM SPITAL, CRIMINAL DEFENSE LAWYER:
“KFMB Channel 8 TV News on December 3, 2012 wrote an account of an 18 year old man who was accused of having sex with a 16 year old teenager who passed out after binge drinking, who pled not guilty to felony charges of sexual penetration of an intoxicated person. Apparently, the victim was unconscious until the next morning at about 10:00 a m. There were three other suspects involved in the assault, two boys aged 17 and one girl age 14, each of whom are in Juvenile Court facing detention hearings. It was reported all of the individuals knew each other, went to the same high school and lived in the same neighborhood.
The reporter did not seek any further information, so it is unclear what the defense posture will be. The adult in the group faces State Prison for up to eight years.”