Wednesday, October 05, 2016

People v. Nachbar (Cal. Ct. App. - Oct. 5, 2016)

"In April 2014, when defendant was 22 years old, he was placed on summary probation for having unlawful sexual intercourse with a minor, a 17-year-old girl."

Well, that's not good.  He's lucky he only got probation.

"While on probation for that offense, defendant met the victim in this case, a 15-year-old girl."

Oh no.  I can see where this is going.

Dude.  You're on probation.  Are you seriously going to make the same mistake twice?  This time with someone even younger?

"They met through a mutual friend, became friends on Facebook, and exchanged text messages. Several of defendant's text messages were sexually explicit and indicated he wanted to have sex with the victim. Some of the victim's responses were "OMG," "LOL," and that defendant was too old for her."

Damn social media.  Remind me to check my 15-year old daughter's iPad when I get home. Repeatedly.

"On September 14, 2014, the victim told her father she would be staying at her mother's house that night. Her mother was out of town. The victim and defendant arranged to meet at the mother's house, but she told him he could not stay too long because it was a school night. Defendant arrived around 8:00 p.m. and they tried to watch a movie in the victim's bedroom on her cell phone."

Ugh.  I can figure out where this is going.

"When they were unable to do so, the victim asked defendant to leave. Defendant said he wanted to cuddle, but the victim asked him to come back another time."

Oh, wait.  Maybe it's even worse than I thought.

"Instead of leaving, defendant grabbed the victim's breasts; she asked him to stop. Defendant moved his hands toward the victim's pants; she attempted to push his hands away. Defendant removed the victim's shirt and fondled her breasts. He reached underneath the victim's pants and underwear and digitally penetrated her vagina several times; she continued to tell defendant to stop. Defendant removed the victim's pants and underwear, got on top of her, and penetrated her vagina with his penis. The victim asked defendant to stop and was eventually able to push him off of her. She asked defendant to leave, and he exited her bedroom. The victim believed defendant had left the house. The victim put on her clothes and informed a friend by text message that defendant had just raped her. The friend notified the victim's father, who notified law enforcement."

Oh my.  Definitely worse.  Much, much worse.

Raping a 15-year old.  While on probation for having sex with a 17-year old.  You're going to get serious time for that.  The only question is whether it's going to be 10 years, or 20, or even 30.  As I'm reading the opinion, I'm definitely interested in just how slammed this guy is going to be.  I know it's going to be huge, but the only question is how huge.

"Deputies woke, arrested, and admonished defendant. He initially denied having any sexual contact with the victim, stating he knew it would be wrong because she was only 15 years old. However, during transport, defendant admitted he digitally penetrated the victim's vagina and had sexual intercourse with her. He denied the victim ever told him "no." Defendant said he was " 'coming down' " from having smoked methamphetamine before meeting with the victim."

That's not going to help your sentence.  At all.

"Pursuant to a plea agreement, defendant pleaded guilty to the unlawful sexual intercourse count and the remaining counts were dismissed. . . . The trial court sentenced defendant to 381 days in custody (which was set off by custody credits) and placed him on formal probation for three years."

WHAT?!  Seriously?!

I mean, I understand there was a plea, and that date rape cases aren't perfectly easy to prove.  But, again, WHAT?!  The guy's on probation for sex with a 17-year old and rapes a 15-year old (or, at a minimum, has sex with her), and gets just a year in prison.

That's shocking.  Really, really shocking.  Both at the plea and at the sentence.

From a case down here in San Diego, no less.