WOODLAND — A Yolo Superior Court judge Thursday allowed an additional sexual battery count to be filed against a former UC Davis student also charged with rape, paving the way for a retrial in his case later this year.
Lang Her’s first trial in May ended with a hung jury, the panel voting 8-4 in favor of acquittal on felony charges of rape of a drugged victim and rape of an unconscious victim, identified in court documents as “Y.X.” The alleged incident occurred in July 2012.
Following the resulting mistrial, Yolo County Deputy District Attorney Amanda Zambor announced plans to retry the case pending the addition of the felony sexual battery count, a decision she said stemmed from juror feedback and testimony that emerged during Her’s trial.
The case is due back in court July 7 for a status conference. A new trial date has not been set.
Her has pleaded not guilty to the sexual assault allegations. The reported victim filed a police report on July 11, 2012, saying she had fallen asleep at Her’s off-campus residence after consuming alcohol and awoke to find the defendant, who was an acquaintance, engaging in sexual conduct with her.
Davis police arrested Her on a warrant in October 2013, and he has been free on bail while the case is pending.