MAN SENTENCED TO 39 YEARS TO LIFE FOR FORCIBLY RAPING PROSTITUTE AND ATTEMPTING TO RAPE ANOTHER AT KNIFEPOINT

Orange County District Attorney
Press Release


Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
Case # 09CF2351






February 18, 2011

Susan Kang Schroeder
Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718

Farrah Emami
Spokesperson
Office: 714-347-8405
Cell: 714-323-4486

MAN SENTENCED TO 39 YEARS TO LIFE FOR FORCIBLY RAPING PROSTITUTE AND ATTEMPTING
TO RAPE ANOTHER AT KNIFEPOINT

 

WESTMINSTER – A man was sentenced today to 39 years to life in state prison and lifetime sex offender registration for forcibly raping one woman and attempting to rape another at knifepoint after picking them up as prostitutes and refusing to pay for sex. A jury convicted Gilberto Cruz Silva, 31, Corona, on Nov. 30, 2010, of one felony count each of forcible rape, assault with the intent to commit rape, and criminal threats. The sentencing enhancements and allegations for the personal use of a deadly weapon and causing great bodily injury were found true.

 

At approximately 2:00 a.m. on Sept. 20, 2009, Silva picked up prostitute Jane Doe #1 in his 1997 green Chevrolet Astro Van on Harbor Boulevard in Santa Ana. The defendant drove with the victim to a nearby mobile home park and parked in a secluded area. Silva pulled out a knife and told Jane Doe #1 he wanted to have sex but had no money. Silva then forcibly raped the victim at knifepoint. Jane Doe #1 was able to flee. The victim went to the hospital and the Santa Ana Police Department (SAPD) was contacted.

 

A few hours later, at approximately 4:00 a.m., Silva picked up prostitute Jane Doe #2 in his van in the same area where he picked-up Jane Doe #1. The defendant drove with the victim to the same mobile home park and parked in a secluded area. Silva pulled out a knife and demanded the victim to have sex with him, forcing Jane Doe #2 to produce her own knife in self-defense. Silva engaged in a violent knife fight with the victim in the back of his van. Silva grabbed Jane Doe #2, head-butted her and said, “I’m going to kill you.” During the struggle the victim was able to escape.

 

Silva crashed into several parked cars while fleeing the scene. The defendant drove to his home in Corona and went to the hospital for his stab wounds sustained during the struggle with Jane Doe #2. Silva reported to local police that he was attacked by a prostitute. SAPD investigated the case.

 

Jane Doe #1 advocated for the maximum possible sentence, stating that she has to live with the damage Silva has caused her for the rest of her life. She also explained that she now suffers from anxiety and panic attacks, and often has nightmares.

 

Deputy District Attorney Robert Mestman prosecuted this case.

 

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