EDITOR’S NOTE: At the conclusion of James Bogush’s trial in December 2009, the Court ruled to seal the case file relating to the charges and arrest of Bogush. This case was charged a violation rather than a criminal offense.
A Boston University student charged with sexually assaulting a 13-year-old Scarsdale, N.Y., girl is scheduled for his third court appearance today.
Though School of Management sophomore James Bogush, who is facing charges of second-degree sexual assault, had a court appearance Dec. 12, the case has yet to go to trial.
“Cases can take a year and a half,” said Westchester District Attorney’s Office spokesman Lucien Chalfen. “It’s progressing.”
Bogush met the girl online on Facebook.com and Espinthebottle.com, when he allegedly said he was a 16-year-old high school student.
Bogush then allegedly drove to Scarsdale, N.Y., to meet her on Oct. 7, and then allegedly “he forcibly touched her private areas,” said Scarsdale Police Department Lt. Bryant Clark in a WCBS radio report.
Bogush turned himself into police after he was contacted Oct. 10. He was released on his own recognizance Oct. 17.
Chalfen said there is nothing “strange, different or unusual” about this case and it should follow the usual timeline. He added that the timing of the case depends upon whether Bogush pleads guilty, which he reportedly has not done.
According to New York Penal Law, sexual assault in the second degree is a Class A misdemeanor. Conviction carries a penalty of up to one year in prison and registration as a sex offender in the state.
The BU Registrar Office could not comment on whether Bogush is still attending the university.
However, according to the BU Code of Student Responsibilities, the “basic responsibilities of the student” include “complying with the normative standards, rules, and regulations of the University as well as with federal, state and local laws.” If a student fails to fulfill such responsibilities, that student would be brought under investigation by the university.
The Dean of Students Office was also unable to comment on whether Bogush remains at BU.
The Westchester District Attorney’s office told the Daily Free Press on Nov. 15 that they were unsure whether the Ridgewood, N.J., native had returned to Boston.
Bogush’s attorney Kevin Kitson did not respond to several voice messages left at his office over the past week.
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