Jurors find L.A. Rams strength, conditioning coach Ted Rath not guilty of sexual battery

[Florida_Ram]

Trial for Ted Rath, Rams' strength and performance coach, begins in Ventura

By GARY KLEIN
JUL 05, 2019 | 7:15 PM

After nearly three days of jury selection Erik Nasarenko, senior deputy district attorney for Ventura County, gave an opening statement late Friday. Rath’s attorney, Vicki Podberesky, will give an opening statement Monday.

If convicted on all counts, Rath could face a maximum of 18 months in jail and would be required to register as a sex offender.

on, the trial for Ted Rath, the Rams’ director of strength training and performance who pleaded not guilty to three counts of misdemeanor sexual battery, began Friday in Ventura County Superior Court.

Rath, 35, has been on leave from his position with the Rams since mid-January, after he was charged for an alleged June 2018 incident that involved a woman he knew at her residence in Moorpark.
https://www.latimes.com/sports/rams/la-sp-rams-ted-rath-trial-begins-20190705-story.html

 

[badnews]

I don't know much about this at all - but I hope this is a case where justice ends up like it should.

I hope Ted is completely innocent and is found to be so in court. If he is guilty I hope he gets the sentence his crimes deserve and the victim finds the justice she deserves.

 

[fearsomefour]

Misdemeanors.....up to 18 months, I’m assuming up to 6 months for each count. Ok.
Having to register is the part that ruins ones life. For misdemeanors? Seems strange.

 

[LARAMSinFeb.]

I wonder if that was a disruption to the team, for the SB....

 

[Ram65]

https://www.vcstar.com/story/news/local/communities/moorpark/2019/07/05/trial-begins-l-a-rams-strength-conditioning-coach/1643643001/

Trial begins for L.A. Rams' strength, conditioning coach
Megan Diskin, Ventura County StarPublished 7:14 p.m. PT July 5, 2019 | Updated 8:14 p.m. PT July 5, 2019



CONNECTTWEETLINKEDINCOMMENTEMAILMORE
has pleaded not guilty to the allegations through his defense attorneys Vicki Podberesky and Bill Haney.

Rath was arrested Jan. 15, five days before the Rams beat New Orleans in the NFC championship game. He was booked into Ventura County jail and released on $5,000 bail, according to the Ventura County Sheriff’s Office.

Rath is on a leave of absence from the team as the case goes on.

The trial began about 4:30 p.m. Friday in Ventura County Superior Court with Senior Deputy District Attorney Erik Nasarenko laying out for jurors what the 33-year-old alleged victim claims happened that night at her home on Breeze Glen Way.


The defense did not have an opportunity Friday to give its opening statement.

According to the prosecution, Rath went to the alleged victim’s house about 11:40 p.m. June 15, 2018, to have drinks with her husband and some other friends from the neighborhood.


Rath and his wife had been out with the couple earlier in the evening, the prosecutor said. The defendant’s wife would sometimes get her hair cut by the alleged victim, Nasarenko said. And Rath had met the alleged victim’s husband a few times before that night, he said.

Buy Photo
Senior Deputy Erik Nasarenko starts opening remarks in the trial for Los Angeles Rams strength and conditioning coach Theodore "Ted" Rath. Rath is accused of three counts of sexual battery and has pleaded not guilty. (Photo: JUAN CARLO/THE STAR)


“They knew one another, and it’s in that context I’d like for you to see what happened,” Nasarenko said.

Rath’s wife did not go over to the house and because there weren’t any women to hang out with, the alleged victim decided to go to sleep, Nasarenko said.

The prosecutor told jurors they’d hear in the trial from witnesses who were at the Moorpark home that night. They would describe Rath as intoxicated, but those same witnesses also will testify that they, too, had been drinking that night, Nasarenko said.

The trial is expected to continue at 9 a.m. Monday in Courtroom 46.

Megan Diskin is a courts and breaking news reporter with The Star. Reach her at megan.diskin@vcstar.com or 805-437-0258.

 

[Ram65]

I don't remember getting any details about the incident before reading this article.

Rath’s wife did not go over to the house and because there weren’t any women to hang out with, the alleged victim decided to go to sleep, Nasarenko said.

I didn't know Rath was married. I was thinking it was like a date situation. You can't assume anything. I don't know what happened but, lots of alcohol can make you do stupid things. Not enough details but, if she was in her bedroom/bed sleeping what was he doing in there?

I had a friend a long time ago went to the wrong door late at night opened up my brother's and his wife's bedroom door thinking it was the bathroom. Nothing going on so they laughed it off.

This isn't the situation I was expecting.

 

[RamFan503]

Seems odd. Did the husband pass out? Sounds like drunken behavior gone wrong but I guess we'll see when it all plays out.

 

[snackdaddy]

This one's hard to figure out. Rath's not a high profile millionaire coach so it doesn't look like a money grab. Were there any witnesses to corroborate her account of what happened? Did someone actually see it happening? I couldn't imagine the DA wanting to go to a jury trial with a he said/she said misdemeanor. Unless this is high profile enough to advance a career.

 

[Ram65]

1. Shouse Law Group
   ›
2. Criminal Defense
   ›
3. Sex Crimes
   ›
4. PC 243.4: Sexual Battery

California Sexual Battery (Assault) Laws
(Penal Code 243.4 PC)









Penal Code 243.4 PC, California's sexual battery law -- alternatively referred to as California's sexual assault law -- prohibits touching the intimate part of another person for purposes of sexual

• gratification,
• arousal, or
• abuse.1

Sexual battery can be charged as either a misdemeanor or a felony. Felony penalties may apply if the alleged victim:

• was unaware of the nature of the act because s/he was fraudulently convinced that the touching was for professional purposes (like, for example, medical or therapeutic purposes),
• was unlawfully restrained,
• was institutionalized and either medically incapacitated or seriously disabled, or
• was forced to masturbate or touch one of your intimate parts . . . or the intimate part of another person . . . under any of the above circumstances.2

Here are some examples of misdemeanor sexual assault:

• Intentionally fondling a female stranger's breast without permission, or
• Putting your hands on someone else's buttocks without first obtaining consent to do so.

And here are some examples of felony sexual assault:

• Holding someone down while you unbutton their pants and put your hand inside their underwear,
• A male therapist convincing his patient that she should allow him to fondle her bare breast in order to overcome her sexual inhibitions, and
• Convincing an institutionalized mentally ill person to masturbate in front of you.

Legal Defenses
Some of the legal defenses that are available to fight a Penal Code 243.4 include:

• consent (that is, the alleged victim actually consented to the act),
• insufficient evidence, and
• false allegations / innocence.

Penalties
A misdemeanor conviction carries a maximum county jail sentence of either six (6) months or one (1) year, depending on the circumstances...and a fine of up to $2,000 (or up to $3,000 if the victim was your employee).3

A felony conviction subjects you to two, (2), three (3) or four (4) years in the California state prison and a maximum $10,000 fine.4

Misdemeanor convictions of sexual battery carry a minimum ten-year requirement to register as a tier one sex offender. And most felony convictions carry a lifetime requirement to register as a tier three sex offender. Learn more about the California sex registry system.5

Moreover, amidst the #metoo movement, civil lawsuits by victims of sexual assault have become increasingly common.

In this article, our California criminal defense attorneys6 provide a comprehensive guide to understanding California's sexual battery laws by addressing the following:

1. Legal Definition of Sexual Battery in California
1.1. Touch

1.2. Intimate part

1.3. Against the will of the other person

1.4. Sexual abuse

1.5. Unlawful restraint

1.6. Accomplice

2. Legal Defenses
2.1. Consent

2.2. Insufficient evidence

2.3. False allegations

3. Penalties, Punishment and Sentencing for California Sexual Assault
3.1. Misdemeanor penalties for sexual battery

3.2. Felony penalties for sexual battery

4. Related Offenses
4.1. Penal Code 261 PC California's rape law

4.2. Penal Code 242 PC California's battery law

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

-----------------------------------------------------------------------------------------------------------------------------------

This is just the beginning of the website table of content click the link to read the details. Just wondering how they got three counts. Three counts seems like he had to make three acts like grabbing her breasts, butt and one other thing.

https://www.shouselaw.com/sexual_battery.html

 

[So Ram]

This is not good. I’d go see the case if it was next week. Certain cases can be intriguing.

I just did jury duty. This case should only take a week. Depends on witnesses.

The Rams did a good job of keeping silent. No leaks , and kept it being a distraction during the last 2 games.

 

[12intheBox]

Anyone know the actual allegation? Grabbed a tit? Something like that?

 

[12intheBox]

Just saw - accusation is that he touched her inappropriately while she was sleeping? So I would guess this trial depends on other witnesses who were there? And to meet the statute, he needs to be doing this for arousal - not just joking around. That seems to me to be the low hanging fruit for the defense. Proving state of mind is always difficult.

 

[den-the-coach]

Just saw - accusation is that he touched her inappropriately while she was sleeping? So I would guess this trial depends on other witnesses who were there? And to meet the statute, he needs to be doing this for arousal - not just joking around. That seems to me to be the low hanging fruit for the defense. Proving state of mind is always difficult.

I have no legal background whatsoever and I understand beyond a reasonable doubt....But, what does the woman have to gain by pressing these charges? Again he could be acquitted because the prosecution did not prove their case, however, that does not mean he did not touch her. Again, have to let this play out, but to take it to this level, what did the allege victim have to gain?

 

[Ram65]

I have no legal background whatsoever and I understand beyond a reasonable doubt....But, what does the woman have to gain by pressing these charges? Again he could be acquitted because the prosecution did not prove their case, however, that does not mean he did not touch her. Again, have to let this play out, but to take it to this level, what did the allege victim have to gain?

I'm not sure exactly what you mean by asking what does the woman have to gain by pressing these charges?

If Rath did indeed come into her bedroom and committed sexual assault (three charges) what is she suppose to do? The alleged victim having this happen (if true) at home in her own bedroom can't be ignored.

 

[den-the-coach]

If Rath did indeed come into her bedroom and committed sexual assault (three charges) what is she suppose to do? The alleged victim having this happen (if true) at home in her own bedroom can't be ignored.

My question is to his innocence, that is why my inquiry as to did he do it? It would appear something happened because there is not reason for a false accusation so something indeed happened IMHO., the only reason the woman would press charges would be maybe because it was mutual and there was regret afterwards, but if Rath's claim is, he did not touch her, I don't see how that is possible.

 

[Ram65]

My question is to his innocence, that is why my inquiry as to did he do it? It would appear something happened because there is not reason for a false accusation so something indeed happened IMHO., the only reason the woman would press charges would be maybe because it was mutual and there was regret afterwards, but if Rath's claim is, he did not touch her, I don't see how that is possible.

OK so your saying she pressed charges because something happened as she has no other reason to press charges.

 

[den-the-coach]

OK so your saying she pressed charges because something happened as she has no other reason to press charges.

Correct sir!

 

[Corbin]

Hmmmm I have yet to read anything on what allegedly happened for these 3 charges.

I’m curious because where the hell was this woman’s husband at the time if she was asleep?

 

[InnovatedMind]

Misdemeanors.....up to 18 months, I’m assuming up to 6 months for each count. Ok.
Having to register is the part that ruins ones life. For misdemeanors? Seems strange.

It's not a misdemeanor if you have to register. 18 Months is a PRISON sentence... this is a FELONY.

 

[Ram65]

The defense did not have an opportunity Friday to give its opening statement.

According to the prosecution, Rath went to the alleged victim’s house about 11:40 p.m. June 15, 2018, to have drinks with her husband and some other friends from the neighborhood.

Hmmmm I have yet to read anything on what allegedly happened for these 3 charges.

I’m curious because where the hell was this woman’s husband at the time if she was asleep?

The guys were drinking somewhere in the house, patio/deck or maybe garage. I imagine that Rath had to use the bathroom and made his way to the bedroom.