Decapitated was arrested on September 9 in Santa Ana, California, on charges that the band allegedly raped a woman in Spokane, Washington after a show on August 31. The band and its attorney had since denied these claims. All four members of Decapitated recently began the extradition process to Spokane, Washington to await a court hearing after being arrested in Santa Ana and held in Los Angeles County Jail on allegations of rape.
The Polish musicians were originally charged with kidnapping in the first degree, and now all four have also been charged with varying degrees of rape. According to The Spokesman-Review, 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. Update: The band posted a statement shortly after this news broke with some interesting new info on the case.
According to Washington law, the different degrees of rape are explained as such.
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.
Kieltyka is expected to appear in Superior Court today, and as of last week, both Kieltyka and Lysejko were the only two that had been extradited to Washington to await a court hearing. Update: The band just posted a statement saying these charges were a formality, otherwise they would have to be released and offered some new, interesting info about the case.
Recently, a criminal defense lawyer unrelated to the case has weighed in on how this case may unfold and what it may mean for the band's future as far as returning to the United States anytime soon.