Judge Richard Henderson sentenced Upton Adams, 22, to three years of probation, 30 days in the county jail, mandatory counseling and will be subject to a three-year criminal protective order prohibiting him from contacting the victim.
Deputy District Attorney Shannon Cox prosecuted Adams, who was represented by Deputy Public Defender Eric Rennert, according to the Mendocino County District Attorney's Office.
According to the investigation, on July 22, 2009, Adams – 21 years old at the time – was working part-time as a teacher’s assistant at Mendocino College in a summer school class attended by high school students. On that date, he and a 15-year-old student engaged in a single act of sexual intercourse.
On July 24, 2009, officials at the college were notified of this behavior via an anonymous email, officials reported.
As a result, college officials immediately terminated Adams from his position and notified the Mendocino County Sheriff’s Office, which interviewed both the victim and Adams. Officials said both acknowledged the encounter and both described it as consensual.
Adams allegedly acknowledged his wrongdoing to the deputy and, after conducting its investigation, the sheriff’s office forwarded its report to the District Attorney’s Office for consideration of criminal charges.
The District Attorney’s Office initially filed a single count of unlawful sexual intercourse with a minor as a felony. However, after consulting with the victim and the victim’s mother, it was determined that a misdemeanor plea was an appropriate resolution of the case, officials reported.
Factors considered included that Adams had no criminal history, it was an isolated incident, there was no threat of force, and Adams admitted his wrongdoing at the earliest possible stage to both law enforcement and the court, according to the report.
During sentencing, Cox argued that Adams should receive a sentence of county jail, stressing the need to send a message to Adams and the community that this type of behavior will not go unpunished.
Henderson handed down the sentence based on the position of trust Adams held as a teacher’s assistant and also taking into account the age disparity between Adams and the victim, the District Attorney's Office reported.
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