I've been subpoenaed.

[Kuchana]

Turns out I've been summoned to court to testify against the man who sexually assaulted me months ago. He's the habitual past sex offender who had targetted young Asian females. I thought it was over but the cops called a few weeks ago and said they had apprehended him and they needed me to identify him as well as give my account of what happened, which I thought I already did? In the end, I relented and identified him immediately and repeated what he did to me. I cannot forget his face. Plus it was a little unnerving when they showed me pictures of me on the bus when the incident happened. It made me remember the experiences all over again. And now today I've received a subpoena to go to court and testify against him. The cops warned me I might have to testify in court but getting a subpoena????? I'm worried. I don't want to face him and I'm wary that there could be repurcussions if I did (ok maybe I'm overreacting) but crime in S.F. of late has been going uphill. So yes I'm alarmed a little and I'm hoping he's not going to be there. Any chance he will?

[hooligan]

i'm sorry to hear that kuch, take it easy. and best of luck with all of this.

[ism]

Is he a defendant? I'm not familiar with Cali law but I can't imagine the defendant not being at their own trial, which I believe a subpoena is for. As for getting a subpoena, it's a formal writ, and I think the most the cops could have done is tell you that you'd get one. I'm sure there are more qualified people here that can inform you of your situation.

All I can offer is my support and wishing you the strength needed to do what you believe is right.

[Emperor_Mike]

Best of luck on that and be strong. People like that need to be put away.

[TB4000]

I couldn't even begin to tell you that I would know what something like that is like, but all I can say is that if they do need you to, I know you have more than enough to step up, if it means that he receives punishment for his crimes. Goes without saying that it won't be easy, but...you know what I'm trying to say.

[SunWuKong]

i'm sorry to hear about this. just do what you can to recount the incident. people like him needs to be put away.

[Banana]

Should do your duty so he doesn't do it to anyone else in the future.

Are ya kidding me? I would be the first in line for something like that if I was wronged so I can threaten him in court.

[Faithless]

Well, hopefully, you won't be the only victim their to testify. Maybe the prosecution believes in "the more the better".

Get up on the witness stand, then imagine the bastard behind bars, begging not to get the shit beat out of him for being a punk. :wink:

[moJo]

Is there a way that you could request that he not be present during your testimony? Do any YW lawyers know?

Stay tough, Kim. :)

[applehead]

Turns out I've been summoned to court to testify against the man who sexually assaulted me months ago. He's the habitual past sex offender who had targetted young Asian females. I thought it was over but the cops called a few weeks ago and said they had apprehended him and they needed me to identify him as well as give my account of what happened, which I thought I already did? In the end, I relented and identified him immediately and repeated what he did to me. I cannot forget his face. Plus it was a little unnerving when they showed me pictures of me on the bus when the incident happened. It made me remember the experiences all over again. And now today I've received a subpoena to go to court and testify against him. The cops warned me I might have to testify in court but getting a subpoena????? I'm worried. I don't want to face him and I'm wary that there could be repurcussions if I did (ok maybe I'm overreacting) but crime in S.F. of late has been going uphill. So yes I'm alarmed a little and I'm hoping he's not going to be there. Any chance he will?


you are definitely not overreacting!
be strong.
when is this court date?

[jimbo]

All my love and support on this one.

[mr. x]

think about the women who wont have to put up with this in the future

[moser]

Sorry to read about that. You can handle it.

[A.R.A.M.]

Is there a way that you could request that he not be present during your testimony? Do any YW lawyers know?

Stay tough, Kim. :)

I'm not a lawyer, but I think he has the right to confront his accuser.

[Kuchana]

Thanks guys for your input and your support. They're both greatly appreciated.

I talked with the cop who got me to identify him and I told him about the subpoena. He said usually the cop can go and testify in place of the witness but he said he would try to talk to the attorneys to see what's going on. I told him my concerns (the repurcussion) and he said I shouldn't worry too much about that since it's never happened on the cases he's worked. I certainly hope it won't this time. Afterwards, I called up the court to verify that I received the subpoena. The good thing is I won't have to go to court next week but they did say that I would have to come another time but they'll call me before that.

As for the victims, the cop told me there are 3 other women who are going to testify (this doesn't even count the women who didn't step forward) so that's a good thing. I just don't care to look at him if I do get on the stand.

My first time in court....yikes. But anything to put this guy behind bars for a long, long time.

[Bishop]

I wouldn't worry about the reprucussions because by the time they let him out of the pen he won't even remember who you are. I worked in a prison for 4 months as a night shift guard and believe me, sex offenders are very abused (raped), only thing that will be on his mind is watching his back. I had to quit that job because it will horrify you just watching those animals, not to mention I got tired of being hit on and spit on by inmates.

I'll pray for you, I know how unnerving court can be and this guy will more than likely give you a cold stare to try and intimidate you. Try not to look at him while giving your testimony or you might freeze up and cause the judge to loose trust in what you have to say.

But like Mr.X said, it will save many other women from going through what you did, there's no excuse for perverts to run the streets. Take care and keep us all posted on what happens. We're all with ya!

[Kuchana]

I wouldn't worry about the reprucussions because by the time they let him out of the pen he won't even remember who you are. I worked in a prison for 4 months as a night shift guard and believe me, sex offenders are very abused (raped), only thing that will be on his mind is watching his back. I had to quit that job because it will horrify you just watching those animals, not to mention I got tired of being hit on and spit on by inmates.

I'll pray for you, I know how unnerving court can be and this guy will more than likely give you a cold stare to try and intimidate you. Try not to look at him while giving your testimony or you might freeze up and cause the judge to loose trust in what you have to say.

But like Mr.X said, it will save many other women from going through what you did, there's no excuse for perverts to run the streets. Take care and keep us all posted on what happens. We're all with ya!

Thanks:) I'm also a little worried about what his lawyer is going to try to do. Maybe I've been watching too many cop shows but I certainly don't want to undergo any treatment like those! :)

I feel a little sad for all of those women who didn't step forward for reasons of their own but hopefully my action will help. I'm wondering how long he's going to be in bars.

[Bishop]

His sentence will be based on the nature of the offense ie. rape, groping, sexual harrasment....and in California they are very strict on sex offenders. It all depends on the facts that come out in court and yes, his attorney will try everything to catch you in a lie so be straight forward in court okay?

Keep in mind thought that if you slip up and tell something not entirely true that you won't be punished for it. You're not the one on trial so try not to be too nervous.

Also, don't be surprised if his attorney raises his voice while questioning you on the stand, it's just a tactic used to startle and confuse you. Breathe easy and try to remain calm. Yeah, I've been to court a few times.

[Kuchana]

His sentence will be based on the nature of the offense ie. rape, groping, sexual harrasment....and in California they are very strict on sex offenders. It all depends on the facts that come out in court and yes, his attorney will try everything to catch you in a lie so be straight forward in court okay?

Keep in mind thought that if you slip up and tell something not entirely true that you won't be punished for it. You're not the one on trial so try not to be too nervous.

Also, don't be surprised if his attorney raises his voice while questioning you on the stand, it's just a tactic used to startle and confuse you. Breathe easy and try to remain calm. Yeah, I've been to court a few times.

Ok I'm getting just a little nervous from knowing that. :( But I'll try my best to handle it.

How serious is the offence if he actually held you while he was committing the act? The cop took serious note of that.

I have no problem with remembering the incident at all. It's clear to me as night and day. It's just going to be discomforting to relate it in court.

And it baffles me a little how this guy was in prison prior to the incident lots of times for committing the same act. In fact, I thought he was still in prison when I was called to identify him. Wow they let him out fast was in my thinking. He must be deranged in his mind or something.

[Bishop]

Held you? What do you mean like forcefully held you down or was holding you affectionately?

If he held you down and commited intercourse then that is rape. If he held you down and groped you (especially inserting anything into your body) then that would be a violent offense which would cause him extra time.

If he affectionatley held you while commiting the act then the court could say that you didn't try to stop the person and he might get away with it. Were drugs or alcohol involved?

[Kuchana]

Held you? What do you mean like forcefully held you down or was holding you affectionately?

If he held you down and commited intercourse then that is rape. If he held you down and groped you (especially inserting anything into your body) then that would be a violent offense which would cause him extra time.

If he affectionatley held you while commiting the act then the court could say that you didn't try to stop the person and he might get away with it. Were drugs or alcohol involved?

I don't know about him being affectionate. I was too shocked at the time to think that. But he held me with his hands on my waist while he did it. This was after I tried to move away.

Oh sorry in not clarifying earlier but no, thankfully intercourse was not involved. He was just rubbing himself repeatedly against me that is all. But it still rankles my memory whenever I think about it.

As far as I know, no drugs or alcohol were involved.

[Bishop]

I don't know about him being affectionate. I was too shocked at the time to think that. But he held me with his hands on my waist while he did it. This was after I tried to move away.

Oh sorry in not clarifying earlier but no, thankfully intercourse was not involved. He was just rubbing himself repeatedly against me that is all. But it still rankles my memory whenever I think about it.

As far as I know, no drugs or alcohol were involved.


Hmmmmm....that's a tough one. But you were trying to break free and he wouldn't stop so that has to count for something.

To be absolutley honest, I have no idea what he would get for that but I don't think he would get jail time....more like probation and a fine. Depends on how many times this has happened with other women and what he did with them.

Oh, if I was you I would ask for a restraining order against him in the event he doesn't get jail time. Not trying to scare you but it would be for you safety. Hang in there!

[nonamerasian]

Stay strong, Kim!

[asvenus]

WTF!! that is outrageous..in the UK (even with our completely fucked up legal 'justice' system) defendants, particularly in assault cases do not have to be present at court..and there are ways to give eveidence, like via video link, making it easier on the defendant
this angers me as it shows how the 'victims' are treated with utter contempt alot of the time, particularly in sexual assault cases where 9 times out of ten, the defendant is a woman
good luck with everything, be strong and stay strong....*screams with fustration*

[mr. x]

remember that the more a lawyer pressures you, them more desperate their case is, dont ever let em make you feel guilty especially when its him on trial. dont worry about looking at him, pick someone to look to you can trust, he's a nobody

[applehead]

I wouldn't worry about the reprucussions because by the time they let him out of the pen he won't even remember who you are. I worked in a prison for 4 months as a night shift guard and believe me, sex offenders are very abused (raped), only thing that will be on his mind is watching his back. I had to quit that job because it will horrify you just watching those animals, not to mention I got tired of being hit on and spit on by inmates.

i've watched Oz.
*shudder*

[Kuchana]

Hmmmmm....that's a tough one. But you were trying to break free and he wouldn't stop so that has to count for something.

To be absolutley honest, I have no idea what he would get for that but I don't think he would get jail time....more like probation and a fine. Depends on how many times this has happened with other women and what he did with them.

Oh, if I was you I would ask for a restraining order against him in the event he doesn't get jail time. Not trying to scare you but it would be for you safety. Hang in there!


That's all he gets????? How sucky is that? The cops didn't tell me how many times he did it but just called him a past sex offender. But adding onto how 4 women (including me) are testifying along with his past offences, I'm hoping that he's going to be in prison for a long time. How many chances is this dude going to have anyways? He obviously is sick in his mind and needs counseling or something since he repeatedly does it.

Restraining order? Hmm.....I'll wait until after going to court to see. I hope I don't have to go that far. All I can say is thank goodness I don't ride the 38 or the 38L bus anymore.

Mr. X I will definitely not look at him. He fills me with so much disgust.

[Kuchana]

Good luck, Kuchana!

Thanks:)

I got a call from the attorney who's handling the case since she wanted to let me know what was going on. Turns out the court date has been delayed until December. The defense requested that. Plus she also told me that any information about me and the other victims is confidential but then she told me that the defense attorney had my contact information and would call me sometime. But she also said that I didn't have to answer any questions from them.

[Faithless]

Whatever happened to the "Woman of the Waters"?

I have this fantasy where she says she' really M.M. :rolleyes:

[applehead]

well. i caught a guy with his pants down
masturbating in the subway train.
we were the only two people on the train.

he was put on trial and only got 3months
of probation. obviously, he'll be doing it again
but at least he has a record.

I have this fantasy where she says she' really M.M. :rolleyes:


eh?

[moJo]

eh?
i think he means "michelle malkin", in which case, ouch.
that's kinda low, dontcha think, CM...

[kasia]

well. i caught a guy with his pants down
masturbating in the subway train.
we were the only two people on the train.

he was put on trial and only got 3months
of probation. obviously, he'll be doing it again
but at least he has a record.

eh?

geez, you're so calm about it.

[applehead]

geez, you're so calm about it.

oh it happened last summer.
but when it was happening
i was totally hysterical.
i was crying and screaming when
i chased him down.
i was literally shaking. shaking with anger!!

i think he means "michelle malkin", in which case, ouch.
that's kinda low, dontcha think, CM...

oooookay??