The second trial for a former Marine from Paso Robles accused of raping his girlfriend’s intoxicated aunt at a house party began Monday, after jury selection wrapped up on June 1.
While a San Luis Obispo Superior Court jury in 2016 acquitted Rian Mabus of one count of rape, jurors hung on a second count, meaning the state could pursue another trial.
At Mabus’ first trial, the aunt, identified as Jane Doe, testified that on Aug. 30, 2014, she came to San Luis Obispo County from Tehachapi for Labor Day weekend. The next day, Doe testified she was invited to stay with her adult niece, her niece’s boyfriend Mabus and her niece’s 13-year-old daughter.
On Aug. 31, after an evening of cocktails and television, Doe testified she became drunk and lost consciousness in the bathroom. She said she awoke lying facedown in her own vomit as Mabus penetrated her vagina from behind. She testified she drifted in and out of consciousness.
In his own testimony, Mabus said he went to use the bathroom and Doe made a sexual advance on him. He acknowledged that the two had sex, but said it was consensual.
That testimony, however, differed from what Mabus initially told the Atascadero Police Department. He originally said he never had sexual contact with Doe.