Originally Posted by
BBatesokc
Certainly part of it was the fact it was man-on-man. However, the jury was clear when questioned after the verdict that it really didn't matter to them the sex of the victim or the perpetrator. It came down to the elements of the crime - there are 6 and all except number 6 applied in this case. Number 6 states the act had to be lewd a lascivious and provided a definition of both. Based on the relationship of Mr Rowland to the 'victim' the jury in no way believed the act was lewd or lascivious.
In reality, it was clear the prosecutors did not believe this was truly a sexual assault. They planned all along on convicting him of misdemeanor simple assault and battery. The felony sexual assault charge was to get media headlines and pressure him into a plea deal. However, the rug was yanked from under the prosecution when the judge refused to allow misdemeanor A&B as a lesser included possible sentence.
Prosecutors often over charge a defendant and this is a rare case where the judge would not go along with it. Probably because this judge is very new to the bench.
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