Category Archives:Rape

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2 Murrieta Football Players Charged with Alleged Rape of Six Victims

Sex-related criminal charges have been filed by the Riverside County District Attorney’s Office against two Vista Murrieta High School football players in an investigation involving allegations of the rapes of six underage female victims.

Kishawn Tre Holmes, 17, and Byron Keith Holt, 17, have both been charged with sex related crimes. Online player profiles list both Holmes and Holt as members of the 2012-2013 Vista Murrieta varsity football. However, neither players are listed on the team’s 2013-2014 roster. 

Holmes, a Vista Murrieta High senior, has been charged with eight felony counts involving a total of six victims in incidents dating back to 2012, with the most recent being in August, said John Hall, spokesman for the DA’s office.

The arrests of two students on suspicion of rape were confirmed Monday morning by Murrieta police and officials with the Murrieta Valley Unified School District. According to Murrieta Police, the alleged rapes did not occur on school campus. Pending the outcome of the charges, the suspects were not on campus, according to Murrieta Valley Unified School District Spokeswoman Karen Parris, who said privacy laws do not allow the district to comment further on the charges or disciplinary actions taken.

Both teenagers will appear Tuesday for a detention hearing. While Holmes’ proceedings are allowed to be public, due to the charges of rape by force or fear, the charges against Holt do not qualify under the law as those that would permit public knowledge of the court proceedings or case outcome.

Don Ho Law will be keeping this legal blog updated as the case proceeds. 

If you are accused of a sexual offense, not only may you serve jail time, but you may be required to register as a sex offender. If charged with these offenses it is important to be represented by an aggressive and experienced criminal defense attorneyDon Ho is a criminal defense attorney in Orange County who can fight for your rights, contact our office today.

Published by Don Ho LawDon Ho is a criminal defense attorney who serves Riverside, Orange, and San Bernardino Counties.

O.C. Judge Reprimanded for Rape Comments


A Southern California judge is being publicly reprimanded for saying a rape victim “didn’t put up a fight” during her assault and that if someone does not want sexual intercourse, the body “will not permit that to happen.”

The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson’s comments were inappropriate and a breach of judicial ethics.

“In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’ Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary,” wrote Lawrence J. Simi, the commission’s chairman.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes. Though the woman reported the criminal threats the next day, she did not report the rape until 17 days later.

Johnson, a former prosecutor in the Orange County district attorney’s sex crimes unit, said during the man’s 2008 sentencing: “I’m not a gynecologist, but I can tell you something: If someone doesn’t want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case.” Johnson said he believed the prosecutor’s request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that’s what the case was “worth.”
In an apology, Johnson explained that he was frustrated with a prosecutor during an argument in 2008 over sentencing and was trying to make a distinction between the case before him and more aggravated cases cited by the prosecutor, according to the decision.

The commission found that Johnson’s view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn’t require rape victims to prove they resisted or were prevented from resisting because of threats.

A public admonishment is the lowest form of public discipline issued by the state commission, which oversees the conduct of judicial officers.

Johnson remains on the bench, and will continue to for the last two years of his term.

Published by Don HoLaw.  Don Ho is an attorney in Orange County, California, focusing on criminal and employment law.

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