The man, Brian Downing has been charged with sexual battery charges after he was captured on video rubbing himself on the face of a man who was passed out. The incident occurred soon after the BCS National Championship Game in New Orleans. New Orleans police then arrested and charged Downing with sexual battery and obscenity. According to Captain James Majors with the Lee County Sheriff's Office, who is in charge of sex offender registration, if Downing is convicted in Louisiana, where he was arrested, he might need to register as a sex offender when he returns to Alabama.
According to the Lee County Sheriff's Office, Downing, who was released from jail after posting a $10,000 bond, could also try a plea bargain that will allow him to be charged with lower offenses. In such a case, he would be eligible for lower sentencing, and this would also help to keep his name off the sex offender registry.
This seems like a stupid prank gone horribly wrong. Unfortunately, as Alabama criminal defense attorneys see, very often, persons are charged with sex crimes for the most bizarre and harmless offenses.
Being treated as a sex offender will have serious consequences for Downing. Sex offenders in Alabama have very severe restrictions on where they can live and work once they are released from prison. For instance, they cannot live within 2,000 feet of a school, daycare center or any place where children gather. They must keep authorities informed of their whereabouts, and will be included in a database that is accessible to the public.
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