Update: Paso Robles man returns to court for rape case
Update posted June 19, 2017
–Rian Mabus, the Paso Robles man originally charged with two felony counts of raping his girlfriend’s aunt in an Atascadero home in 2014, returned to trial last month at the San Luis Obispo County Superior Court.
Mabus was initially charged with two felony counts of rape in connection with the incident. A SLO County jury found Mabus not guilty of one of the charges (rape of an unconscious person) in 2016, But the same jury deadlocked on the second charge of rape of an intoxicated person.
Mabus claimed that the sex between himself and the aunt was consensual. The aunt claimed that she woke up to him raping her after passing out from a night of heavy drinking.
Update posted July 14, 2016
Jury deadlocks on verdict on a count of raping an intoxicated personCourt trial
–Rian Mabus, a 31-year-old man from Paso Robles who stood trial for allegedly raping his girlfriend’s aunt, was found not guilty on one count by a jury of 11 men and one woman. The jury failed to reach a verdict on the second count, according to reports.
Mabus claimed that the sex between himself and the aunt was consensual. The aunt claimed that she woke up to him raping her after passing out from a night of heavy drinking.
If convicted of both counts, Mabus would have faced a maximum of 10 years in state prison.
Original story posted July 8
Woman claims she was raped by niece’s boyfriend after a night of heavy drinking
–Rian Mabus, a 31-year-old Paso Robles man, is currently standing trial for rape, according to reports.
A woman from Tehachapi, whose identity will not be named because of the nature of the case, was reportedly visiting her niece in Atascadero over Labor Day weekend in 2014 when she says she woke up to her niece’s boyfriend raping her after passing out from a night of heavy drinking, said her representation Deputy District Attorney Julie Antos.
After consuming about five drinks at her niece’s apartment, the woman said she passed out in the bathroom after vomiting. She said that she awoke in a pool of her own vomit in bed with Mabus, who was penetrating her from behind and whispering her name in her ear. She said she drifted in and out of consciousness and did not realize what happened until the next morning.
Mabus first denied having sex with the woman, but after a DNA test came back positive, he reportedly said that the sex was consensual. He said that he awoke in the night to use the bathroom and encountered the victim, who began kissing him, and the two went into the bedroom together. His defense attorney, Matthew Guerrero, suggested that she made up the allegations because she was embarrassed to admit she had sex with her niece’s boyfriend.
If Mabus is convicted, the maximum sentence he can receive is 10 years, reports say. Mabus is a former California National Guardsman.