Benjamin Chisolm, who was accused of sexually assaulting a sleeping woman at a concert in June, was found guilty only of public intoxication at trial on Thursday.
The most serious charges against Chisolm, 19, were dropped. He was tried on two counts, the intoxication charge and one count of assault and battery, and found not guilty of the assault charge.
When police arrested Chisolm, they said that a 49-year-old woman had accused him of groping her while she was sleeping at a Zac Brown Band concert at Jiffy Lube Live in Bristow.
In an interview with Fox 5, the woman described the assault differently. She did not testify at the trial at all, Chisolm’s attorney Edward B. MacMahon Jr. said. “I’ve never heard of an assault case where they don’t call the person who was supposedly assaulted,” MacMahon said on Thursday evening.
MacMahon said he called three witnesses who saw Chisolm’s arrest reported on TV and came forward to say that they saw the incident, and they did not believe Chisolm had touched the woman at all, only lain down next to her.
Chisolm was originally charged with aggravated sexual battery. That charge was dropped before trial.
“Mr. Chisolm’s name is clear,” MacMahon said. “He certainly never sexually assaulted anybody. He didn’t even assault anybody.”
The Prince William County Commonwealth’s Attorney’s office, which prosecuted the case, did not respond to a request for comment on Thursday afternoon.