Case of Interest: Allegations of Sexual Assault at Radisson July 2 involving Sacramento Fire Department

The District Attorney's Office has received and reviewed the reports of the Sacramento Police Department concerning allegations of alleged sexual misconduct by a member of the Sacramento Fire Department at the Radisson Hotel on the evening of July 2, 2004. Based on the statements of the involved parties and the facts and circumstances surrounding the entire incident, there is no reasonable likelihood a jury would find that any sexual contact between the woman and the firefighter involved was a product of force, implied or direct. The female's statement, in and of itself, is inadequate to establish the necessary elements of a criminal violation. Although the facts disclose evidence of poor judgment, there is insufficient evidence of sexual misconduct to support criminal prosecution under the burden of proof beyond a reasonable doubt.