New Allegations Arise in De Anza Rape Case

New conflicting details arose this week during the civil trial of the alleged De Anza rape victim.

Retired Detective Andrew Hickman said during the trial that he may have been inaccurate in quoting a taped interview of one of the defendants, Christopher Knopf. Hickman said he misheard Knopf saying that the plaintiff was “not functioning,” instead of, “I would not say she was not functioning.” The wording, which was used in the plaintiff’s opening statements to the court, could weaken the victim's case.

The plaintiff, identified under the pseudonym “Jane Doe,” claims that a group of seven De Anza College baseball players gang-raped her in a secluded room at a party in March 2007. Reports indicate that all parties involved had been drinking, including the then-17-year-old minor, Doe, and three De Anza girls soccer team members who said they witnessed the baseball team surrounding the motionless plaintiff and intervened on her behalf.  

At the time, then-Santa Clara County District Attorney Dolores Carr did not file criminal charges, citing a lack of evidence, on the basis that the sexual assault charges could not be proven beyond a reasonable doubt. Now the case is being tried as a civil suit, with charges of rape and negligence filed by Jane Doe, who seeks millions of dollars in reparations for the damages.

One of the most contentious issues of the case is the state of consent. The defendants allege that Doe had made suggestive comments like, “I’m horny,” and “I’m hot,” while in the room. Doe was said to be intoxicated when she entered the room.

The three girls on the soccer team who found Doe say she was in real danger and completely out of her senses. They allege that they had to check her pulse as they drove to the hospital, “because we thought she was going to die.”

Lauren Chief Elk, one of the soccer girls, was called to the stand this week to testify with regards to the accuracy of her testimony.  Although the plaintiff’s lawyer maintains that most of Elk’s descriptions were accurate, one of the descriptions given by Elk of the room’s flat door handles was deemed inaccurate.  

Just last month, a new woman came forward with what may be even more damaging allegations. She claimed she was raped by some De Anza baseball players in 2006 in the same house and room currently under scrutiny. Only one baseball player is common to both cases, however. But the new allegation in the De Anza rape case could potentially lead to renewed criminal charges.

“The new allegations could be very significant,” said Linda Starr, legal director of the Northern California Innocence Project. “If they dropped charges, they could choose to re-file. And it could lead to a reinvestigation to determine whether there is sufficient evidence to charge them criminally.”

District Attorney Jeff Rosen is also monitoring the trial to see if there is potential for criminal reinvestigation based on previously unknown or inaccessible evidence.

“Once the trial finishes and we see what new evidence emerges from the civil case, we can get all those things tested and see if there is evidence to reopen criminal charges,” Rosen said.