Judges: Semen Assault Conviction Will Stick For Man Who Ejaculated in Co-Worker's Water Bottle

When it comes to the case of a Fullerton man who put his semen into a female co-worker's water bottle without her knowledge, a panel of Orange County Superior Court judges have ruled that the conviction will stick. The ruling came as a result of an appeal filed in the case against Michael Kevin Lallana, who was found guilty on two battery counts for ejaculating into his co-worker's water bottle.

Lallana admitted to putting his semen in a water bottle that was sitting on his colleague's desk on two separate occasions; he did so because he was sexually attracted to her and knew that her lips had touched the bottle.

The victim, who has remained nameless, threw the water away the first time after deciding that it tasted funny, and sent it to the lab the second time.

Since Lallana was generous enough to have deposited his DNA directly into the water, it was his DNA that identified him.

Lallana was sentenced last year to six months in jail and three years of probation, and was required to register as a sex offender. That sentence was put on hold, however, while Lallana was in the process of appealing the conviction.

Additionally, Lallana was ordered to pay over $27,000 in restitution for his crime to compensate the lady he lusted after for therapy, loss of wages after quitting her job, and other expenses.

Tuesday's ruling by judges Ron Bauer, Clay Smith and Craig Griffin was sent to the OC Deputy District Attorney's office Wednesday, according to City News Service. Lallana has the option to further appeal his conviction, should he choose to. His attorney has argued that his client would have had to have taken some kind of forceful action against the victim to warrant a battery charge.

The judges disagreed, indicating that indirect action in this case was sufficient.

In the ruling, the judges said "placing semen in another person's water bottle from which that person later drank constitutes physical contact and amounts to the 'use of force or violence' as contemplated by (the law).''