MONROE - A trial date has been set for a former Monroe resident charged with sexually assaulting an unconscious woman.
Derek J. Larosh, 28, Rock Springs, will appear in court for a jury trial on Oct. 6, Green County Circuit Judge Thomas Vale determined Tuesday.
Larosh faces two charges of second-degree sexual assault and four counts of bail jumping after he allegedly invited an intoxicated woman into his home in August 2014 before sexually assaulting her when she fell unconscious.
The victim later testified that she could not remember the entire assault, as she was lapsing in and out of consciousness at the time.
Larosh said that the sexual contact was consensual and that the victim initiated it.
At Larosh's previous court appearance, his attorney William Ginsberg requested summoning a toxicologist to serve as an expert witness. Although Vale could not reach a decision regarding the witness, he will determine whether his expertise is relevant on July 22.
Ginsberg said the toxicologist would explain to the jury how alcohol could have altered the victim's memories of the event. Ginsberg has insinuated that the victim's use of alcohol could have distorted her memories to imagine an assault where consensual contact had occurred instead.
Assistant District Attorney Jeffrey Kohl argued that he did not consider the witness an expert.
"That would be like calling me an expert in family law, even though I haven't practiced that in 30 years," Kohl said.
Furthermore, Kohl argued that no expert could satisfactorily tie Ginsberg's inexpert theory to the victim's experience. Kohl called Ginsberg's motion "a frankly dangerous attempt to destroy the entire field of law relating to unconscious victims" and "the strongest case of trying to make a victim the perpetrator that I've ever seen."
Larosh also had his bond modified to accommodate an address change, as he moved from Monroe to Rock Springs.
Derek J. Larosh, 28, Rock Springs, will appear in court for a jury trial on Oct. 6, Green County Circuit Judge Thomas Vale determined Tuesday.
Larosh faces two charges of second-degree sexual assault and four counts of bail jumping after he allegedly invited an intoxicated woman into his home in August 2014 before sexually assaulting her when she fell unconscious.
The victim later testified that she could not remember the entire assault, as she was lapsing in and out of consciousness at the time.
Larosh said that the sexual contact was consensual and that the victim initiated it.
At Larosh's previous court appearance, his attorney William Ginsberg requested summoning a toxicologist to serve as an expert witness. Although Vale could not reach a decision regarding the witness, he will determine whether his expertise is relevant on July 22.
Ginsberg said the toxicologist would explain to the jury how alcohol could have altered the victim's memories of the event. Ginsberg has insinuated that the victim's use of alcohol could have distorted her memories to imagine an assault where consensual contact had occurred instead.
Assistant District Attorney Jeffrey Kohl argued that he did not consider the witness an expert.
"That would be like calling me an expert in family law, even though I haven't practiced that in 30 years," Kohl said.
Furthermore, Kohl argued that no expert could satisfactorily tie Ginsberg's inexpert theory to the victim's experience. Kohl called Ginsberg's motion "a frankly dangerous attempt to destroy the entire field of law relating to unconscious victims" and "the strongest case of trying to make a victim the perpetrator that I've ever seen."
Larosh also had his bond modified to accommodate an address change, as he moved from Monroe to Rock Springs.