A former Paso Robles police sergeant accused of committing forcible sex acts against a woman while on duty will not face criminal charges, despite the discovery of DNA evidence related to the case.
SLO County District Attorney Dan Dow said his office concluded an investigation into the accusations against the former officer, Christopher McGuire, and determined that “no reasonable and objective jury” would find him guilty of the alleged crimes based on the evidence.
“Sexual assault cases are perhaps the most difficult cases and complex cases that we investigate and prosecute,” Dow said at a Nov. 1 press conference. “The most difficult thing I had to do as a prosecutor is sit across from a victim and tell them that we don’t have enough evidence to prosecute a case.”
In June, the Paso Robles Police Department confirmed that McGuire was on paid administrative leave and under investigation for a ‘serious criminal act.'” McGuire later resigned from the department.
SLO County Assistant District Attorney Eric Dobroth said the investigation began after a female victim accused McGuire of sexual misconduct while on duty. Dobroth also said that there were multiple instances of sexual contact between McGuire and the victim, and confirmed that some of that contact was consensual. Dow and Dobroth also confirmed that DNA evidence found at the scene of one of those contacts did match McGuire, and that the SLO County Sheriff’s deputy who handled the initial investigation into the allegations recommended that the DA’s office file forcible sex act charges against McGuire.
At the press conference, Dow said that while his office was unable to file any charges in the case, he was grateful for “other ways” the office was able to support victims, including its victim and witness assistance center.
“I don’t want this decision to be received by anyone in our community, especially anyone who’s been a victim of sexual abuse, to view this decision as evidence that they will not be supported by law enforcement,” Dow said. “To the contrary, we encourage every survivor … to come forward.”
This article appears in Nov 8-18, 2018.
Survivors do NOT come forward to simply be offered “other ways” of support: They come forward because they want justice. They want to see that the perpetrator is held accountable for his/her actions. I am outraged that Dow went against DNA evidence and the SLO County Sheriff’s deputy’s recommendation because sexual assault cases are “difficult” and “complex.” It does not matter if the two people had previous consenting sexual activity: If at some point, any point, there is an unwanted advance, it is force and therefore unlawful. Where is the justice?
Consensual sex leaves the same evidence behind as forcible sex. Proving rape in these circumstances becomes simply a matter of the complaining witness’ ability to convince a jury (beyond a reasonable doubt) that forcible sex occurred, because any evidence can be reasonably explained away as evidence of sex, but NOT as evidence of a rape. In these cases, the credibility of the witness becomes paramount, and the trial is often as traumatic as the crime that required it — especially if the complainant does not convince the jury.
A prosecutor will have amassed reams of information about the specifics of any case that will not be available to a commenting public. That is why we won’t always understand a given decision, and why we must, ultimately, elect prosecutors who can be trusted.
We have achieved that here in Mr. Dow. We should all realize that our assessments are performed with the assistance of incomplete information, while the DA’s office has total information.
Additionally, a rush to trial with a shaky case will eliminate the chance to try the accused should further evidence develop.
I, for one, am in favor of Mr. Dow’s fiscal responsibility in passing on this case, even knowing there would be a flap. He could have just as easily brought the case and wasted a grip of time and money on a losing case in the name of political expediency.