Fresno Police wrapping up investigation into alleged sexual battery at Clovis West High

Oct. 7—The Fresno Police Department is wrapping up an investigation into an alleged misdemeanor battery of a juvenile male in a locker room at Clovis West High in late September and is expected to submit it to the District Attorney's Office next week, following weeks of rumors online and in the community of a gang rape or sexual assault.

The incident, parts of which were captured on video and witnessed by multiple people, took place Sept. 20 and was reported on Sept. 23.

The initial report to police was of a sexual battery, but after detectives interviewed the victim and witnesses it was determined that a sexual battery did not take place.

It is being investigated as a possible misdemeanor battery, Fresno Police Lt. Bill Dooley said.

Sexual battery includes a component of sexual gratification, according to the California Penal Code 243.4: It states: Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.

"It's not that whatever takes place is not a crime, but it has to fulfill whatever the specific elements are," Dooley said. "If it does not fulfill the elements then you cannot file on it, regardless of what an individual that was not involved may see on a video or actually witness."

Kelly Avants, chief communications officer for the Clovis Unified School District, released a statement following the incident more than two weeks ago: "Clovis West High School administration learned Thursday about a possible altercation that occurred earlier in the week among male students in a locker room. We treat any such reports with extreme seriousness, and immediately launched an investigation that included site administration, Clovis Unified officers and Fresno Police Department. Without revealing any confidential student discipline-related information, I can say that the investigation did not result in any arrests or charges of sexual assault."

Incidents or crimes within the Clovis Unified School District usually are handled by its police department, but Fresno Police detectives were called in to assist with the investigation. Clovis West is in the city of Fresno.

No arrests have been made, Dooley said.

"When I talked to the lieutenant that's in charge of the investigators who are handling this case, they hope to have everything to the DA's Office, everything wrapped up and over to the DA's Office after reviewing it, by Wednesday next week," Dooley said. "That can change, but that's their goal. Once the DA has it, they'll review it. I'm not sure how long it will take for them to decide whether they want to file any charges."

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