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Man assaults woman near Library, police say

Speaking on condition of anonymity, student says she was on her way to a class

Jamie Gonzales

Issue date: 2/28/07 Section: News
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A sexual assault victim's voice shook over the phone Feb. 20.

She agreed to tell her story to The State Hornet on the condition of anonymity. She wanted her story to be told to protect other students from being assaulted.

She was on her way to class in the lower level of the Library on Feb. 10. Michael Vo, a homeless person known to students at Sacramento State, said hello to her and waved.

She had seen him numerous times before that day and, like before, was pleasant to him. He approached her in front of the double doors of the Library, she said. She thought by his body language that he was going to give her a hug.

That is when he grabbed her by the shoulder and touched her left breast. She said she was shocked; she just stood there.

He asked her if she would like to have lunch with him.

"No, I have a boyfriend," she said. When he said he would give her $3, she ran away to her classroom. She gathered enough courage to tell a classmate and her professor.

Her professor took her to the service desk at the Library, where Frankie Michaelson, library assistant and head of security, met with her. After calling Campus Police, Michaelson and the police secured the building and reviewed the tapes from several of the video cameras above the double doors of the Library.

Vo was arrested later that afternoon. The victim recognized and identified the 56-year-old Asian man with shoulder-length grey hair in a green overcoat.

Sent to county jail for violating California Penal Code 243.4, Vo was released on Monday, the victim said.

California PC 243.4 states that "Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."

Since he was charged with forcible fondling, a misdemeanor, Vo was allowed to come back to campus after seven days, according to California PC 626.6.

The penal code states if a person interrupts the peaceful atmosphere of a college campus, an officer can ask the person to leave for seven days, according to the California Legislature's website.

Vo was arrested three times - on Feb. 12, Feb. 14 and Feb. 18 - for interrupting the peace, said Sgt. Kelly Clark of Campus Police. The seven days of banishment renewed each time he came onto campus.

Michaelson said Vo had not been seen in the Library since Feb. 18. He is allowed to come back to campus Monday.

Since Sac State is a public location, there is no campus rule to keep homeless people from coming or living on campus, said Frank Whitlatch, associate vice president of Public Affairs.

Vo has lived at Sac State for at least 10 years, Michaelson said.

"Normally, our homeless patrons are our best patrons," he said. "We have had no problems (with them) until this incident."
"However, our main objective is to protect all of the students," Michaelson said.

Michaelson said Vo will be monitored more closely at least in the Library, since he has been known to "hang out" on the fourth floor of the building.

The incident is still under investigation from the District Attorney's office, said Lt. Dan Davis of the campus police.

Clark said the District Attorney's office will determine if Vo will go to trial for sexually assaulting the student.

The Feb. 10 incident is the first time a homeless person has assaulted any student on campus, said Jessica Heskin, the educator at the Women's Resource Center. Heskin counseled the victim after the incident.

Heskin said very few sexual assault victims come forward. Only 10 percent do, according to national studies and Heskin. Embarrassment, the fear of not being believed and the social aspect from peers keep victims from reporting incidents.
According to the 2006 Cleary Report, there have been four reported cases of sexual assaults at Sac State since 2003.

Clark said just because a person is homeless, it doesn't mean the person is a criminal. He does suggest that if people see a problem on campus they should report it to the police. Campus Police can be reached at (916) 278-6851.

Jamie Gonzales can be reached at
news@statehornet.com

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Lyn

posted 3/01/07 @ 9:10 AM PST

Sometimes, I can not understand the law. This person violated this student and still allow to come back to the campus after 7 days . God knows how many times this kind of incident happened and done by same person but no one come forward to make a complaint except this one student who got the courage to talk about her traumatic experience with this perpetrator. (Continued…)

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