It was alleged that on December 18, 2009 Perez entered as a trespasser at a house in Rancho Dolores with the intent to rape a high school student who was seventeen years old at the time.

The girl testified that Perez came to the house, knocked on the window to draw her attention, then entered through the back door and went into her bedroom.

She said Perez locked the door of her bedroom, sat on her bed and then began to strip her. The girl said that her sister saw Perez in the bedroom and prevented him from going further.

Perez testified and admitted that he was in the house but said that he was invited by the girl because he was having an affair with her. Perez said that whenever the girl's parents weren't at home the girl would text him to come over to her house. He said he and the girl met regularly and his wife had found out that he was having an affair with the girl.

Perez's attorney Dickie Bradley submitted that Perez was invited to the house by the girl and he didn't enter as a trespasser so he hadn't committed the offences he was charged with.