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San Jose Sub Teacher Accused of Sexual Assault won’t be Charged

by California Legal Defenders on January 11th, 2011

This past week, Santa Clara County District Attorney’s Office reported that it had declined to file charges against 64 year old sub teacher, Jayanthum Kapasi . According to the DA’s office, “there was insufficient evidence to determine exactly what happened in this case.”

Kapasi who is married and has two grown children, both with doctorates, started substitute teaching last year.  The case began October 6, 2010 when several students at McKinley Elementary school came forward to school officials with complaints that Kapasi – who was on a two day assignment – had touched them inappropriately over their clothes.

Despite a police news release announcing the arrest, prosecutors initially declined to charge the case, ordering police to investigate further, to look for complaints from other schools where he had subbed. They did not find any complaints of overtly sexual behavior

Kapasi told the Mercury News on Thursday that he never did anything wrong. He said he felt hurt and confused about the arrest and was left certain only that he will never enter a children’s classroom again.

“If I went back, if I got an assignment, there will always be a shadow hanging over me. I don’t want that,” said Kapasi, who is a grandfather.

Kapasi’ s attorney Cameron Bowman stated that “this was a product of this zero tolerance of any kind of touching environment in schools these days, that any kind of touching is somehow sexual touching and this was blown up into this huge thing that fed on itself.” Bowman said San Jose police did not do a thorough investigation and “jumped the gun.”

According to the Mercury News, Kapasi was contacted by the school districts in which he was told that “he is not welcome to teach anymore.”

If you or a loved one is being investigated or charged with sexual assault or any other sex crimes, please do not hesitate to contact Valencia, Ippolito& Bowman. Our experienced attorneys have handled hundreds of cases involving sex crimes throughout Santa Clara County and can vigorously defend your case.

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