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Joseph Wilson, 29, was told by his victim that sexual assault was 'not a joke'. A sex attacker who followed a university student for several minutes before sexually assaulting her twice in a Cardiff street in the early hours of the morning told her it was "just a joke".
A Texas appeals court ruled late Wednesday to overturn the sexual assault conviction of former Baylor football player Sam Ukwuachu and grant him a new trial. A three-judge panel determined that the trial court should have allowed into evidence a series of text messages between the accuser -- a former Baylor women's soccer player -- and a friend of hers sent immediately before the alleged assault in October The wrote that the messages concerned past sexual behavior between the woman and Ukwuachu, which he had said indicated her consent to have sex.
The John gerald wilson sexual battery court messages themselves were not included in the ruling. Ukwuachu's attorney, William Bratton III, released a statement in response to the overturned conviction.
My review of the court record showed there was evidence that did not go before the jury that we felt should have been allowed. Specifically the text messages the court referred to in its opinion. This is just the beginning of the appeal process, however. Prosecutors say they will appeal this ruling, which means we have a long way to go before this action is final. If the State appeals, I believe we have other grounds for appeal that will help us if this case proceeds in the process.
Ukwuachu, from Pearland, Texas, was convicted in August of the sexual assault. The jury recommended that Ukwuachu's sentence be probated, and Texas 54th District Court Judge Matt Johnson sentenced Ukwuachu to days in jail, 10 years of felony probation and hours of community service.
Johnson also ordered Ukwuachu to register as a sex offender. He was ineligible to play in because of NCAA transfer rules, and he was suspended inthough Baylor never gave a reason for his suspension.
He had been taking graduate classes at the school. Clune said he believes the appeals court's decision was a "bad ruling" and that the woman's text messages were properly excluded from testimony at Ukwuachu's criminal trial.
One option available to the district attorney's office would be to appeal Wednesday's John gerald wilson sexual battery court Court of Appeals ruling to the Texas Court of Criminal Appeals. What upsets me the most is that now there will be those who will waiver in their belief in the validity of the outcome of this trial and in my daughter.
The truth and all of the facts that supported this verdict will be filtered now through this appeal court's statement alluding to there being 'potential' sexual history. While this philosophy is not the law, that is the message that will linger. So, I believe yesterday's decision of the appeals court enables this subtle 'victim blaming' to drive a false narrative, further harming someone who bravely stood up to a person to whom she never consented.
We remain grateful for the continued efforts of the district attorney to fight these harmful narratives that fuel the culture of sexual violence.
In the ruling Wednesday night, the appeals court judges ruled that the absence of the text messages did not prevent Ukwuachu from presenting the substance of his defense. However, because the woman's consent was the central issue for the jury, the judges wrote that "we cannot say that we have a fair assurance that the erroneous exclusion of the messages" did not affect the jury's decision.
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