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David Bates' Attorney Says Sex Was Consensual

Los Gatos man is not 'sophisticated sexual predator,' his lawyer contends.

David Raymond Bates is in custody at the Santa Clara County Jail awaiting a sentending date on Nov. 1, 2013. Photo courtesy Santa Clara County Sheriff's Office
David Raymond Bates is in custody at the Santa Clara County Jail awaiting a sentending date on Nov. 1, 2013. Photo courtesy Santa Clara County Sheriff's Office
The testimony at the preliminary examination for a Los Gatos young man who has pleaded no contest to 13 counts of sexual assault against minors "strongly suggests that [it] was consensual sex between teenagers," his attorney said Tuesday.

Any suggestion that David Raymond Bates, 20, is a "sophisticated sexual predator," is not accurate, said Santa Clara County Deputy Public Defender Ross McMahon.

Bates, who's in custody at the Santa Clara County Jail awaiting a sentencing  date on Nov. 1, appeared before Santa Clara County Superior Court Judge Philip H. Pennypacker the morning of Oct. 1.

The hearing was attended by parents of two of the four minor victims who are said to have been assaulted by Bates in the summer of 2012 while the girls were students at Los Gatos High School.

The charges against him vary from oral copulation with a minor under the age of 16, to unlawful sexual intercourse with a minor more than three years younger than the defendant to annoying or molesting a child under the age of 14 and to lewd or lascivious acts on a child under the age of 14.

Three of the 13 counts are considered three strikes and statutory rape. By law, on these crimes against the girl—who was 13 years old at LGHS— Bates is required to be psychologically evaluated before sentencing.

"Mr. Bates plead guilty because he wanted to take responsibility for his actions," McMahon said.

Santa Clara County Deputy District Attorney Christopher Walsh is opposing probation for Bates, which could mean he would leave county jail and be free under certain conditions. Upon sentencing, however, Bates will also have to register as a sex offender for the rest of his life.

Walsh had originally asked Judge Pennypacker to punish Bates to six years in state prison. McMahon on Tuesday said he's not opposed to his client spending time at the county jail, where he's been kept in custody until now.

"I'm asking the judge to grant him probation and sentence him to a term of confinement in county jail ... as opposed to state prison," McMahon said. "I'm trying to avoid him being sent to state prison."

Judge Pennypacker will have to rely on recommendations from the Santa Clara County Probation Department and a psychiatric report on Bates' mental condition before making that determination.

Walsh said Bates' punishment will be up to the judge at sentencing. "We'll make different arguments then," Walsh said. "State prison has been our offer all along ... you can only go to county jail for one year and he's been in county jail for longer than a year already. He would get released right away."

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MichaelJ October 09, 2013 at 03:44 PM
Statutory Rape: Sexual intercourse by an adult with a person below a statutorily designated age. The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex under rape statutes in all states. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition. Hey Mr. McMahon time to go back to law school!!
Los Gatos Resident October 12, 2013 at 12:21 PM
Prosecute to the fullest extent of the law. Clearly he is a predator with no remorse.
Los Gatos Resident Too November 07, 2013 at 11:40 AM
Young girls. 19 year-old boy. Consensual sex? I'm closely associated with this case and know for sure that my friend's daughter did NOT consent to sexual intercourse with this scoundrel. She was coerced and finally gave in to a straight creep. Guy needs to be put down. Like a dog!
Karin Nelson November 14, 2013 at 02:03 PM
David Bates has been an ongoing issue in our community for yrs. He is a predator of young girls and a serial killer waiting to happen. This is a disturbed young man! Mark my words we have not heard the last story about this man! He has stalked and followed many young girl in this community.

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