Will Trevor Bauer be arrested or prosecuted?Legal experts share what happens

Anaheim, CA May 9, 2021-Dodgers pitcher Trevor Bauer played the Angels twice on Sunday in Anaheim.  (Wally Skalij / Los Angeles Times)

The Dodgers starter Trevor Bauer will pitch against the Anaheim Angels during the 2021 season. (Wally Skalij / Los Angeles Times)

May 18th, woman accused Dodgers pitcher Trevor Bauer’s sexual assault She said she had been interviewed by two detectives at the Pasadena police station. On May 21, she said she drove from her home in San Diego to Pasadena and met the police again.

Nearly six weeks later, on Tuesday, in a court declaration filed in support of a request for a temporary detention order, she wrote:

On Thursday, Lieutenant Bill Grisafe of the Pasadena Police Station said Bauer remains under investigation for felony assault..

The Times asked a local lawyer to share what would happen from here. They are not involved in the case and provide a general analysis based on the view of public records.

Does the 6-week delay mean that Bauer is less likely to be arrested or prosecuted?

That’s not always the case, said Los Angeles criminal defense counsel James Epstein.

“I could have it quite long,” Epstein said. “There is no clear sign that he will not be arrested just because he has not been arrested at this time.”

Los Angeles lawyer and former prosecutor of the Los Angeles County District Attorney’s Office said the delay was due to whether the proceedings against Bauer would be strong or to prepare for a high-profile proceeding. He said it may reflect concerns about the additional time required for the proceedings. Fight aggressively in court.

“It’s more interesting that I wasn’t arrested,” said Los Angeles criminal defense counsel Lou Shapiro. “Usually if someone is a victim of domestic violence and they report it, the police here will arrest it very quickly. After the arrest, they bring the police report to the district attorney’s office, There is a month or so of grace in deciding whether to actually file a criminal prosecution, but the arrest is almost automatic. “

The woman currently has a temporary detention order. What will happen next?

The order was granted based on the documents submitted by the woman. At a hearing on July 23 at the Los Angeles Superior Court, Bauer and his lawyer will hear their views.

“His team will have the opportunity to formally respond to the accusation in court,” said Dmitry Gorin, a criminal defense counsel in Los Angeles. It should be removed. “

In addition to requiring the court to maintain the order, the woman requested Bauer to participate in what the court calls the “batter intervention program.” This requires him to attend weekly counseling and educational sessions for a year. .. If so, he can argue that the restraint order should be lifted.

If Bauer is charged with sexual assault, what are the main issues in the trial?

“In all cases, there are really only two defenses,” said Neama Rahmani, president of West Coast Trial Lawyers. “The first is that it wasn’t me. The second is that it reached an agreement. We know that it was Bauer and this young woman. Therefore, In this case, the issue of consensus is the only issue. “

Bauer’s agent said the two sexual encounters were crude, but “100% agreed.” The woman writes: “I agreed to have consensual sex … I did not agree to be sexually assaulted.” How does the dispute affect potential proceedings?

“The boundaries aren’t that clear,” Ritter said. “You can agree on what would otherwise be a crime. People participate in fully agreed and very violent sex, which is assault if the person disagrees with it. And can be considered assault. Choking, beating, and strangling can be at least a misdemeanor, but you can agree to all of them. “

The criteria for conviction will be proof beyond reasonable doubt. Ramani returned to his second sexual encounter after a text message stating that Bauer’s camp encouraged women to have violent sex and saying that Bauer left unconscious in the first sex. Given the fact, he said the prosecution could be difficult. The Times has not independently authenticated the text message contained in the binding order request or provided by Bauer’s attorney.

At the request of a detention order, the woman submitted medical records stating that she had been diagnosed with “manual strangulation assault” and “acute head injury”, along with multiple photographs of bruises.

“They’re trying to say that this was an agreed sexual encounter, as those pictures do, and she’s back for more,” Shapiro said. “So, beyond reasonable doubt, how do you prove that the jury didn’t want this?”

Chloe Wolman, a family law lawyer in Los Angeles, said: There are several ways victims can respond to such abuse, and the disagreement with what the victim should do and what it should look like is often not because domestic violence did not occur. It will be rejected. But the police think “she checked the past” or “she went to him for sex”. “

During both encounters, the woman went to Bauer’s house for sex, in the meantime three weeks. In both encounters, she said she had lost consciousness and noticed that Bauer had begun having sex with her.

“If you are unconscious, you have no ability to agree,” Wolman said. “If someone is unconscious, your ability to do something to them ends, even if they previously agreed.”

If the district attorney refuses to prosecute, does the accusator have other options?

Okay. In civil courts, where prison time is not an option and money is usually sanctioned, the criteria for conviction are lower. It is the predominance of evidence, not proof beyond reasonable doubt.

“This is the first step towards filing a civil suit against him for reasons such as mental distress and damages,” Shapiro said.

“This has been resolved through a civil court,” Rahmani said. “I’m 99% sure.”

This story was originally Los Angeles Times..

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