A judge authorized a lawyer to continue asking questions about the accuser’s occupation as a stripper during the criminal sexual trial of an Suruhånu.
Frank “Ko “‘s trial San Nicolas, an Suruhånu and former police officer of the Port Authority of Guam accused of rape in May 2020, continued on Wednesday morning before the Guam Superior Court.
Attorney Joaquin “Jay” Arriola Jr. asked the woman about her work at Club USA. However, Assistant Attorney General Richelle Canto repeatedly objected, asking the relevance of the woman’s work to the sexual assault.
“The stage has two big silver dance poles, doesn’t it?” Arriola asked the woman.
“Correct,” the woman said before Canto objected.
“What does the scene have to do with sexual assault?” Canto asked.
“The scene has everything to do with it,” Arriola replied.
Judge Arthur Barcinas excused the jury to allow Arriola and Canto to argue the matter.
“Her job as a stripper, we have just confirmed, is relevant. What relationship with the ability to say no? When you are inappropriately touched,” said Arriola. “If she is able to say no to the 5,000 sailors of the USS Roosevelt, she can certainly say no at the right time if she wanted to say no.”
Canto referred to a previous Barcinas order regarding Arriola questions.
“The court said he can ask about touch, he can ask about that, but he can’t ask about all the other parts of the strip club and all the other experiences in the strip club that have nothing to do with touching,” Canto says.
Barcinas finally authorized managed to continue his interrogation and declared that “the workplace raises the question of the more or less likely consent than it would be without (the) proofs”.
Canto said she understood, but still had the right to object. Barcinas accepted.
After the lunch break, Barcinas announced that the trial would be suspended for the rest of the week and resume on Monday.
Frank San Nicolas faces accusations of criminal sexual conduct in the third degree as a second degree crime and two leaders of criminal sexual conduct in the fourth degree as crimes.
He is accused of sexually assaulting the woman in a cave after meeting her at Tanguisson Beach.