2007 molestation case to be tried in San Jose after signing of SB 813
David Scott Graham
SANTA CLARA COUNTY– A 2007 molestation case will be tried in the San Jose Hall of Justice after a victim came forward prior to California Governor Brown’s signing of SB 813 into law.
Chief Assistant District Attorney Jay Boyarsky with the Santa Clara District Attorneys office said, “Governor Brown today wisely gave voice to sexual assault survivors who would have been silenced out of shame or fear that they would not be believed. Starting January 1, 2017, rapists and molesters can never again rely on running out the legal clock.”
The City of San Jose in response to the signing of the bill arrested David Scott Graham, a 64-year-old algebra teacher at San Jose’s Harker Academy.
Graham was charged with sexual assault of a minor under 14 and a felony charge for oral copulation. The case stems from an incident reported back in 2007 in which a female victim, thirteen years old at the time, told friends of the sexual assault made against her by Graham.
After friends and family learned of how Graham had coerced the young teen into a sexual act, the San Jose Police Sexual Assaults Unit was notified on July 23. The decision to file the case fell within the statue of limitation of 10 years after the victim had finally decided to talk about the ordeal.
The signing of SB 813 (Sexual assault statute of limitations bill) can now open cases against other offenders. The landmark decision may be the beginning for prosecution against known sex offenders who thought they had gotten away with rape.
Boyarsky said, “The trauma from being sexually assaulted has no deadline, no expiration date – and neither should justice.”
