Decapitated were arrested last month on charges that the band allegedly raped a woman after their show in Spokane, Washington. Since their arrest, the guys have denied any wrong doing, but according to The Spokesman Review, all four members have now been formally charged with rape. Guitarist Waclaw Kieltyka and vocalist Rafal Piotrowski have been charged with second-degree rape, while drummer Michal Lysejko and bassist Hubert Wiecek have been charged with third-degree rape.
Here’s how the different degrees of rape are explained according to Washington law:
FIRST DEGREE RAPE
First degree rape involves forcible compulsion and may occur with the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim, or burglary. It is a class A felony, which allows for up to life imprisonment.
SECOND DEGREE RAPE
Second degree rape occurs in cases that involve forcible compulsion but do not rise to the level of a first degree offense. It may also occur when an alleged victim is mentally incapacitated or physically helpless, or when the defendant is in a position of authority over the alleged victim, such as in a healthcare or eldercare facility. It is also a class A felony. A defendant may offer evidence of a reasonable belief that the alleged victim was not mentally incapacitated or physically helpless at the time of the alleged offense as a defense to prosecution.
THIRD DEGREE RAPE
If an alleged offense does not meet the definition of first or second degree rape, but still involves “clearly-expressed” lack of consent or threat of harm to the alleged victim’s property, the state may charge it as third degree rape. This is a class C felony, carrying up to five years’ imprisonment.
Waclaw Kieltyka is expected to appear in court today, and as of last week, both Waclaw and Michal Lysejko were the only two that were extradited to await a court hearing.
The band released this statement, “An update – following extradition from California to Washington, the band has now been charged. We’d like to emphasise; the Spokane Police Department has pressed charges as procedural formality, without doing so, they would be forced to release band – this is not a conviction or any indication of guilt or innocence. Once again, we ask that everyone wait for each party’s case to be presented and await the court’s decision. With that said, whilst cases are being prepared on both sides, some facts are indisputable at this point – that the original officer who took the complaint from the accuser stated, “I do not have probable cause that a rape occurred”, and it’s taken a full 30 days to file charges, which is right up against the point at which the defendants would legally have had to be released. The band firmly refutes the allegations and are confident that once the facts and evidence have been seen and heard, they will be released and able to return home. Individuals who were present on the night in question with information about the case are asked to reach out to the defense lawyer, Steve Graham of Spokane, Washington.“