Former Teacher Found Guilty of Sexual Assault - The Missourian: Union

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Former Teacher Found Guilty of Sexual Assault

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Posted: Wednesday, August 7, 2013 4:30 pm | Updated: 8:25 am, Mon Aug 12, 2013.

A Franklin County jury deliberated for 2 1/2 hours Thursday night before delivering a guilty verdict in the sexual assault trial involving a former Union high School teacher and coach.

Sentencing for Brad J. Julius, 32, is scheduled for 9 a.m. on Thursday, Oct. 3, in front of Judge John Berkemeyer.

Julius was charged in 2011 with the sexual assault of a then 37-year-old Union woman at her home.

The sentence ranges from one day to one year in the Franklin County Jail, or two to seven years in a state prison. Julius also could be fined up to $5,000.

Also charged was Matthew R. Rogers, 31, who pleaded guilty in February to sexually assaulting the woman.

Union police allege that the suspects had sex with the victim on April 24, 2011. The incident was reported 18 days later.

Franklin County Prosecuting Attorney Bob Parks maintained that the woman was too drunk to give consent and that Julius took advantage of her and her condition at the time.

“I’m pleased to get a verdict, and I know the victim was extremely happy with the verdict,” Parks said. “She felt this vindicated her and told the world what she said was the truth.”

The jury, comprised of seven women and five men, began deliberation at 4 p.m. and presented the verdict at 6:30 p.m.

“The jury agreed that this was a crime,” Parks said. “This wasn’t just three people who had too much to drink, but two guys who took advantage of a woman who had been too drunk to consent.”

Defense attorney Frank Carlson argued that the alleged victim consented to sex, performed “sexual” dances and was flirting with and kissing Julius and Rogers.

He also claimed that the victim was not too drunk to know what she was doing throughout the night.

Parks noted that the testimony of Union police Detective Sgt. John Biser was key in the guilty verdict.

“The defendant testified in his interview with Detective Biser that she (the victim) was too intoxicated to consent,” Parks said. “I think that went a long way with the jury.”

Julius had been the boys UHS track coach, an assistant football coach and a physical education teacher.

Rogers was an assistant basketball coach at Union High School and sixth-grade teacher at Clark-Vitt Elementary.

The victim said she waited so long to report the incident because at first she did not want her children or anyone to know about what had happened.

“It took me that long to get up courage (to report),” she said.

Closing Arguments

Parks spent time focusing on the fact that the victim was, indeed, drunk, so much so that she couldn’t remember what happened and could barely admit to what took place in her home that night.

Parks added that Julius told police he was “drunk to a point that he didn’t know if the sex was consensual.”

“Nothing else mattered to him,” Parks said. “He was going to have sex with her come hell or high water.”

Carlson had argued that the victim told different stories of the account to four different individuals — Biser, to him under oath during her deposition, to one of her friends and in court on Thursday.

“She’s not telling the truth,” Carlson told the jury. “There was implied consent.”

Carlson said that “implied consent” came when the victim invited Julius and Rogers over to her home after she had run into the two of them at Hagie’s Nineteen, drank with them both at the bar and at her home, danced “provocatively” with them in her living room and was kissing and necking with them.

“Her dancing was mimicking sex acts,” Carlson said. “That’s not implied consent? The state’s own witness (Rogers) said she was dancing that way.”

The victim had testified that she remembers dancing with the men, but not in that way.

Testimony

The victim said she remembers “bits and pieces” after she drank a shot of rum with the men shortly after they arrived at her home sometime between 2:30 and 3 a.m.

“Shortly after (the shot), I felt my body shutting down,” she said.

The woman said she doesn’t remember much after that.

It was then that the two men allegedly had sex with her. The two men left at about 5 a.m.

The victim said she had been on a date earlier that evening with another man whom she had had a previous sexual relationship with some time ago.

The victim spent time with Julius and Rogers at the bar and talked to them about her date. Rogers said she was being “flirtatious” at times.

The woman had texted with the men and later received a call from Rogers asking if he and Julius could come over to drink some beers.

She told them yes and at that point, her date left. She gave Rogers directions to her home.

During his testimony, Rogers said he and Julius talked while in their vehicle about the possibility of “hooking up” with the woman.

“We thought something sexual might occur,” he said.

Rogers said the dancing went on for about 30 to 45 minutes and at times it was casual but at other times “it was very sexual in nature.”

“In my estimation, she was mimicking a sex act,” he said.

Rogers added that later when Julius put his hands on her, he lost sight of them when they moved down the hallway to the bedroom. He said it appeared to him that the woman was walking under her own power and that “she didn’t seem incapacitated to me.”

During his interview with the defendant, Biser said Julius “didn’t recall much.”

He noted that Julius mentioned the drinking and dancing and that eventually he and the woman went to the bedroom and had sexual intercourse.

“He said he was so intoxicated that he couldn’t say what was consensual or non-consensual sex,” Biser said.

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