Second student charged with sexual assault
SJU first-year John Kocher was charged with third- and fourth-degree criminal sexual conduct on Feb. 20 in the Stearns County District Court after a CSB student accused him of assaulting her in her dorm room.
For the second time in a month, an SJU student has been charged with sexual assault in the Stearns County District Court.
John Anderson Kocher, an 18-year-old from Chanhassen, Minn., was charged on Feb. 20 with one count of third-degree criminal sexual conduct and one count of fourth-degree criminal sexual conduct.
These charges come on the heels of another sexual assault case at CSB+SJU, filed against then-SJU student Brian Kimithi on Jan. 29.
Kimithi faces charges of first and third-degree criminal sexual conduct after being accused of raping a woman at CSB while she slept.
An article in this week’s edition of The Record details the recent developments in Kimithi’s case and campus response.
Kocher did not return a message for comment at the time of publication.
There is currently no defense attorney listed as representing him, as of Wednesday.
In Kocher’s case, according to the criminal complaint filed last Friday, the St. Joseph Police Department responded on Jan. 30 to a report of sexual assault at CSB.
Law enforcement met with the victim, a woman who reported that on the night of Dec. 6-7, she was hanging out in her dorm with a Kocher and a few others, including Kocher’s roommate.
The victim agreed to allow Kocher to stay in her dorm after he missed the last bus back to SJU, “provided they did not do anything sexual.”
Kocher’s roommate, who also stayed in a CSB dorm that night with another witness, allegedly warned Kocher “not to instigate anything.”
The complaint goes on to say that while in her bed, Kocher kissed the victim, touched her genitals, and “[penetrated] her vagina over her clothing with his fingertips.”
The victim said she repeatedly told him to stop throughout the incident.
Later, the victim was told by a witness that Kocher said he and the victim had intercourse.
She went to the St. Cloud Hospital on Dec. 9 to have a sexual assault kit completed.
While with law enforcement, the victim contacted Kocher over Instagram messenger.
The complaint said that Kocher admitted that he “remembered [the victim] telling him earlier in the evening that she did not want to do anything” and said he was “extremely drunk.” After additional text exchanges where the victim asked Kocher to explain his recollection of the incident, Kocher wrote, “I touched you while you slept and for that I am sorry beyond words. I want your trust more than anything in the world.”
According to the criminal complaint, Kocher said to police when questioned that he only sent the text messages admitting to the act of touching the victim in her sleep because “he knew if he actually did touch her in her sleep, it would be wrong, and that this message was sent to appeal to her logic.”
In a second interview with police, Kocher disclosed to law enforcement that he sexually touched the victim after waking up, and that he did not ask the victim if it was okay or confirm that she was awake.
Authorities are requesting a warrant for Kocher’s arrest, given the nature of the allegations and “to prevent further harm to the public.”
An article published about the incident in the Minnesota Star Tribune on Tuesday referenced a Minnesota state Office of Higher Education report covering 2023 (the most recent year of data).
The article states that there were “300 reports of sexual assault received by colleges across Minnesota, with 16 of them reported to the St. John’s and St. Benedict’s administrators.”
Of these 300 incidents in 2023, only about 40% resulted in school investigations, largely because victims chose not to pursue it.
Even fewer — 18% — were reported to law enforcement.
President Brian Bruess sent an email to students on Tuesday regarding the incident, writing that “sexual misconduct and gender-based violence have no place at CSB or SJU. When reports are made, we take them seriously and respond promptly through our Title IX and student conduct processes…It is also important to state this clearly: When students come forward, it means our reporting systems are working. It means members of our community know where to turn, understand their rights and trust that they will be heard. We will continue working to strengthen that trust.”
The announcement went on to say that Student Success and Campus Life teams would work to expand “educational programming focused on consent, healthy relationships, bystander intervention and community responsibility.”
Bruess did not include any information about whether Kocher is still a student at SJU.
After charges were filed against Kimithi, Bruess said that Kimithi was no longer an enrolled student and a no trespassing order was in place on both campuses.
Director of Public Relations Michael Hemmesch directed The Record to the campus announcement following a request for comment sent to administration.
He previously told The Record that five or fewer cases of rape or sexual assault at CSB+SJU have resulted in criminal charges over the past 10 years.
Hemmesch did not respond to a question about whether Kocher is still an enrolled student at SJU.
The Stearns County Attorney’s Office declined to comment beyond the criminal complaint.
If convicted, in the state of Minnesota, third- degree criminal sexual conduct carries a maximum sentence of 15 years in prison and/or a $30,000 fine, and fourth-degree criminal sexual conduct carries a maximum sentence of 10 years in prison and/or a $20,000 fine.
Kocher’s first court appearance is set for March 9.
