SAN JOSE – A complaint has been filed against 19-year-old Lawrence Richard Davis for Felony Rape under PC 261.5 (c). This case has also been set under PC 1048 which makes it a priority within the courts to address the concerns addressed in the complaint. According to Stacey Capps with the Supervising Deputy District Attorney Sexual Assault Unit, “Penal Code section 1048 allows for cases involving victims of sexual assault to be tried with priority over many other cases in order to alleviate further victimization with delays in the process.”
The 14-year-old victim was found at the Ohlone-Chynoweth light rail station
“The length of a trial depends on many factors such as number of witnesses and complexity of the case, Capps said.” A protective order was also filed against the Defendant who is being charged with having unlawful sexual intercourse with a minor, a Jane Doe who was more than three years younger than Davis.
“There are several victim advocacy groups in the county that can assist a victim in receiving counseling and support throughout the criminal process” Capps added.
The 14-year-old victim had been detained by The Santa Clara Sheriff’s Deputies at the Ohlone – Chynoweth light rail station after being located by a security officer on the premises, and identified as a missing person. She reported to Deputies that she had been raped. When San Jose Officers arrived to take her statement, she pointed out her boyfriend to the SJPD officer who interviewed her.
During a records check of the suspect it was determined that Davis had a misdemeanor charge for auto theft under CVC 10851, and was then handcuffed and placed into the Santa Clara County Sheriff’s patrol vehicle.
A Sexual Assaults Investigator was contacted and authorized a SART (rape kit) exam. Davis was then transported to the San Jose Police Dept. Sexual Assaults Office. The victim told officers that she had been walking in the area of Almaden Expressway and Wren Drive when she was taken to a bed, with some clothes and a blanket placed on it, near the northern end of the bridge. The victim also took officers to another location near the area, where a sheet and brown shirt were located. Evidence was collected at both scenes. Investigating officers also collected a blanket and a pair of underwear with blood on them.
The "Jane Doe" victim led officers to the Almaden Expressway bridge, where evidence of the rape was collected.
After the SART examine was scheduled for the victim she was also taken to the Emergency Room and treatment of a wound that had become infected.
According to police, the victim told them “About a month ago she called her boyfriend, Lawrence Davis, and asked him if he wanted to run away with her.” The victim claimed that they have been dating for seven months, and for the last six months they have been having sex. The two had met in Dublin, California and had been living a transient lifestyle, and had eventually settled in San Jose.
Davis and the Jane Doe lived under bridges in San Jose for the last several months. Davis recently began to smoking ‘crystal meth’, and wanted the victim to smoke with him. The victim would then be forced to have sex with Davis. The victim reported that she had asked Davis to stop and didn’t want to sleep with him. However, when she said no, Davis would become violent.
The victim reported that he would hit her and punch her when she refused his advances. She told officers that for the past week and that she just wanted to return home to her mother’s house, but was unable to because she was scared of Davis and what he might do to her. The victim was treated for a possible infection from where Davis had bit her while making sexual advances towards her at night.
Davis is expected to appear at the Santa Clara Superior Court House in San Jose in Dept. 23 on September 25 at 9:00 am. A trial is expected to be scheduled for 2 to 4 weeks. A trial can normally take anywhere from six months to two years to schedule.
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