Sharwian Bobian, who is accused of raping a San Martin woman earlier this year when she brought groceries and other supplies to his homeless encampment, did not appear in court for his Thursday afternoon hearing.
Bobian, 43, remains in custody in lieu of $275,000 bail on the charge of rape. He is accused of sexually assaulting the victim the night of Jan. 2 inside Bobian’s makeshift shelter on Llagas Avenue. The victim and her husband, who live in San Martin, had been helping the homeless man for several months prior to the alleged rape.
A Thursday court date for Bobian at the Morgan Hill Courthouse was continued to Feb. 21 for a plea hearing. Bobian is represented by the Santa Clara County Public Defender’s Office. His lawyer said Bobian was in the building but unable to appear in the courtroom for his hearing, although it was unclear why.
Santa Clara County Superior Court Judge Jacqueline Duong said Bobian must appear at the Feb. 21 hearing. The judge also granted a restraining order against Bobian, prohibiting him from being within 300 yards of his accuser for at least a year. She ordered a Santa Clara County Sheriff’s Office deputy to serve Bobian with the protective order immediately after the hearing.
Bobian was initially arrested by sheriff’s deputies the night of Jan. 2, when the victim reported the alleged assault to authorities. However, he was released less than two days later as Santa Clara County District Attorney Jeff Rosen’s office declined to press charges.
On Feb. 5, the DA reversed course and filed a rape charge against Bobian in relation to the Jan. 2 incident in San Martin. San Jose Police found and arrested him Feb. 8 in the area of U.S. 101 and Yerba Buena Road.