Homeless Rape Suspect Goes Missing In South Bay
SANTA CLARA COUNTY (KPIX 5) -- The Santa Clara County District Attorney's Office has decided to file charges in a sexual assault case in which a San Martin resident was allegedly raped by a homeless man her family had befriended.
"I feel relieved and happy that they're pursuing charges. It is very concerning that they don't know where he's at yet," said the victim, who asked to remain anonymous.
The District Attorney has filed rape charges and obtained an arrest warrant for 43-year-old Sharwian Bobian. The victim says prosecutors initially told her they would not charge the homeless man because his history of mental illness would make it difficult to win a conviction.
Additionally, the victim says prosecutors told her because she didn't say no or fight back that the case would be a tough sell to jurors.
"It was just disheartening. I mean I can't begin to describe the feeling. I just felt so betrayed," the victim said.
That initial decision to not file charges allowed Bobian to be released from jail. The Santa Clara County Sheriff's Office says he has since gone missing.
"This was a sexual assault. We made an arrest. We know there was probable cause. We believe there's enough to prosecute and our victims deserve better, particularly the victims of sexual assault," said Sheriff Laurie Smith.
The victim has consistently said she was afraid for her life--afraid that the suspect might kill her if she resisted or fought back. Women's advocate Michelle Dauber says a victim's choice in a life-or-death scenario like sexual assault shouldn't be second-guessed.
"The victim said that she was afraid for her life. And women should not have to be put in a position where they have to put themselves in even greater danger by fighting in order to get justice," Dauber said.
The DA's office released a prepared statement which reads, in part, "Sexual assault cases are challenging and require our utmost due diligence. We filed this case after a comprehensive investigation when it met the necessary elements to prosecute someone for a serious crime."
