In an emotionally charged courtroom filled with his family and friends, former Los Angeles Rams kicker Tony Zendejas was recently ordered to stand trail on four counts of felony rape and sodomy at the conclusion of a preliminary hearing. The unnamed victim testified that Zendejas gave her two drugged drinks when she and friends visited his Zendejas Mexican Restaurant in Pomona, California in January, then took her to a hotel and raped her repeatedly.
The woman, identified only as "Jane Doe," said that the effect of the drinks was trance-like. She has only brief flashes of memory from the evening: sitting in a car with Zendejas, entering a hotel lobby, and seeing Zendejas' face in a hotel room. The next morning she woke up to find herself naked and alone in a Red Roof Inn hotel room with her clothing scattered around the room. Vaginal and anal pain made the woman suspect she'd been raped. A medical examiner confirmed tissue damage consistent with vaginal and anal rape. The judge ordered Zendejas to stand trial for four felony sex crime charges:
- rape by use of drugs
- rape of an unconscious person
- sodomy by anesthesia or controlled substance
- sodomy of an unconscious victim
Zendejas' attorney said the former Rams kicker has characterized the evening as "a night of consensual sex without complaint." Toxicology tests of blood and urine samples taken from the woman the afternoon after the incident have come back negative for drugs, including popular date rape drugs. However, in a secretly recorded conversation made in April, Zendejas reportedly told the woman "I knocked you out. I took that booty."
Preliminary hearings are held to determine whether sufficient evidence exists to conduct a trial. Prosecutors must only present enough evidence for the judge to rule that the accused be "held to answer" charges. It is not necessary to prove the jury-trial standard of guilt "beyond a reasonable doubt."
While celebrities do sometimes take advantage of their position to force sexual activities on fans and admirers, there are an equal number of instances where admirers have been willing partners, but later changed their story. There are numerous cases in which a fan has taken advantage of the celebrity's notoriety and cried "rape" after consensual sex. The motive may be a glimmer in the media's spotlight but is often monetary. The "victim" hopes to be "bought off" with a significant settlement.
The "he said, she said" nature of sexual relationships can make it difficult to arrive at the truth in such cases. Both parties will profit from the skills and expertise of an experienced criminal defense attorney.
