SAN JOSE – A follow up on the case involving 24-year-old Erick Daniel Burgos, who is being charged with PC 261 (a) (2) – felony rape in which he had used violence, duress, menace and/or fear to intimidate his victim, is expected to make a brief court appearance before trial. Burgos’ next court date will be held on September 25 in Dept. 23 of the Superior Court at 9:00 am. A priority request for trial has been set under P.C. 1048 in which swift justice can be served in this case due to the severity of the crime.
The apartment building where the rape was reported to have taken place.
A protective order was issued on Jan 23, 2013 in order to help protect the victim from the suspect after she was taken to his apartment and raped. A report by the San Jose Police Dept states that the victim does not remember exactly what had happened, but stated that she believes the suspect had intercourse and anal sex with her without her consent.
On March 12, 2012 SJPD sexual assault investigative unit had determined that victim needed to be taken for a SART examination in order to try and collect evidence involving the rape. The victim was to take investigators to an apartment complex located at 1050 S. 12th St, where she identified a studio apartment on a second level entry where she was sure that the attack took place. Burgos was identified as the person who had raped her.
There are programs in lace that can help victims who don’t know where to go and report something as devastating as rape. There are other advocacy groups that help with other types of services as well. According to Stacey Capps with the Santa Clara District Attorney’s office, “The same services that someone who is a victim of stranger rape are offered.” When reporting a crime, Capps said, “A victim-advocate often responds to the scene.” Centers that can help victims of a sexual assault and or rape can go to the YWCA, who offers counseling and other services for victims.
Read More:
CrimeVoice: Plea hearing set, 2 co-defendants added to case
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