Santa Ana Man Allegedly Used Therapy for Sex Assault

July 11, 2011

Santa Ana, Orange County - A Santa Ana man allegedly sexually assaulted a woman in his home while pretending to perform acupressure therapy, according to Orange County prosecutors.

Prosecutors say Thuan Van Nguyen, 56, of Santa Ana is charged with one misdemeanor count of sexual battery by fraud and two misdemeanor counts of sexual battery

The victim alleges that Nguyen asked a woman to remove her shirt and lie on her stomach in his bedroom after she went to his Santa Ana home to receive acupressure therapy. While at Nguyen's Santa Ana house the victim alleges Nguyen rubbed her breasts, according to the Orange County District Attorney.

Santa Ana sex crimes defense attorney Michael L. Guisti explains sexual battery under Penal Code 243.4 (e)(1) is the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification, or sexual abuse and is a wobbler, which means it can be charged either as a misdemeanor or felony.

Santa Ana sexual battery attorney Guisti explains what crosses the line from misdemeanor to felony in sexual battery depends if the alleged victim was conscience and/or unlawfully restrained when the alleged crime took place.

Generally speaking if the alleged victim was tied up, or unconscience, or is medically incapacitated of making such decisions it will be charged as felony sexual battery, according to Attorney Guisti.

In this misdemeanor case the alleged victim didn't meet the qualifications for felony sexual battery, which is why Nguyen is being charged with misdemeanor sexual battery, according to Attorney Guisti.

Santa Ana sex crime lawyer Guisti explains that even though this is being tried as misdemeanor sexual battery if convicted Nguyen faces up to two years in Orange County jail and possibly having to register as a sex offender.

Attorney Guisti explains if you're being charged with a single misdemeanor sexual battery count you could face up to six months in Orange County jail, a $2,000 fine and possibly having to register as a sex offender, which is why if you're facing this charge you need to contact and set up an appointment with an experienced Orange County sex crimes defense attorney right away.

Orange County criminal defense attorney Guisti explains that by contacting an experienced Santa Ana sex crimes attorney right away if you're facing misdemeanor sex crime charges your defense team can work with the Orange County District Attorney to reduce charges, and most importantly, to prevent you from having to register as a sex offender.

Bottom line, even though it's a misdemeanor they're still severe consequences you face if don't hire an experienced Orange County sex crimes lawyer.

Now if you're facing misdemeanor sexual battery, or any kind of sex crime, you must call the Law Offices of Michael L. Guisti right away at 888-478-8999 so our legal experts can keep you out of jail and keep your record clean.