27 Nov 2012
The owner of a Georgetown, Texas restaurant has been charged with sexual assault involving one of his employees, according to a report last week. Police say that in late September, Jesse Pezhman Berenji followed a female employee into the ladies’ room at the establishment. The employee was not working at the time, but says she was at the restaurant to participate in a karaoke night. Berenji then allegedly locked the door and attempted to kiss her and remove her clothing. The employee says she freed herself from the ladies’ room at some point, but further details of the nature of the assault were not provided.
The two apparently spoke by phone earlier this month, and a recording of that conversation has been turned over to the police. During that conversation, the report says that the woman recounted the events of the September incident, and Berenji admitted he was wrong and apologized for his behavior.
In Texas, there is no separately defined crime of rape. That offense is included within the definition of “sexual assault” under section 22.011 of the Penal Code, which states, in pertinent part:
“SEXUAL ASSAULT. (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or (C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.”
We are assuming that the delay between the alleged assault and the arrest of the defendant may have been the result of the police gaining access to the telephone recording between the victim and her alleged attacker.
Sexual assault is a serious offense, and is generally classified as a second degree felony. As such, it carries significant penalties, including a prison sentence of up to twenty years. And while we are not privy to the details of the Georgetown case, it appears that what might have been a “he said/she said” situation has been significantly altered by the production of the tape recording. Time will tell how the case develops.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
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