The Sun
Sunnyvale's Newspaper

Photograph courtesy of Department of Corrections

Joel Fernandez was arrested Jan. 10. He faces a charge of assault with intent to commit a felony.

Sunnyvale woman narrowly escapes rape

San Jose man held in connection with attack

By Steve Enders

A case of mistaken identity almost led to a Sunnyvale woman's rape early on Jan. 10 at the Sunnyvale Community Center, according to Sunnyvale police. But thanks to a passerby, the suspect was stopped before he could carry out the crime against the 22-year-old woman.

Sunnyvale and San Jose police arrested Joel Fernandez the day of the attack and charged him with kidnapping and attempted rape. The charges against Fernandez have since been combined in a charge of assault with intent to commit a felony.

Police say Fernandez, 22, approached the woman while she waited for a bus at Arques and Fair Oaks avenues at about 7:30 a.m.

Sunnyvale Public Safety Capt. Steve Pigott said the suspect pulled up in his car and motioned to the woman to get in. She thought she recognized the man as a co-worker and got into the car, thinking she could get a ride to work, according to police.

Pigott said Fernandez then drove to the Sunnyvale Community Center's parking lot, where he reportedly attempted to rape her in the car.

The Community Center is about three miles away from where he picked her up.

The woman allegedly was struggling with Fernandez when another car pulled into the parking lot.

Fernandez then got distracted, Pigott says, which gave the woman a chance to escape. She took advantage of the distraction, got out of the car and ran to the driver of the other car.

The witness in the car wrote down the car's license plate number as the suspect drove away. He then escorted the woman to a pay phone at the community center to call the police.

Police were able to locate Fernandez through the vehicle-license number, Pigott said.

After his arrest later that morning, the woman identified Fernandez in a lineup.

The suspect is being detained at the Santa Clara County Main Jail on $15,000 bail. An arraignment hearing has been set for Jan. 22 in Sunnyvale Municipal Court at 1:30 p.m.

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This article appeared in the Sunnyvale Sun, January 21, 1998.
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