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Teen accuses SJ man of rape

by Seth Hemmelgarn
Saturday Dec 3, 2011

A 44-year-old San Jose man is in custody for allegedly raping a gay homeless teen.

San Jose police arrested Chad William Swanson, a registered sex offender, earlier this month. He's being held at Santa Clara County's main jail in San Jose.

A friend of Swanson's told the Bay Area Reporter that he was with Swanson the night of the alleged incident and doesn't believe the accusation.

According to Jose Garcia, a San Jose Police Department spokesman, Swanson had befriended and allowed the 19-year-old victim, whose name hasn't been released, to stay at his home in the 400 block of Willis Avenue. In a statement issued last week, Garcia referred to the teen as "homosexual."

Garcia stated that in return for Swanson allowing him to stay in his home, the victim had agreed to assist him with his vending business.

The sexual assault allegedly occurred at Swanson's home October 22 after the victim fell asleep, Garcia said. Police arrested Swanson on November 11 on suspicion of sodomizing the man.

The Santa Clara County District Attorney's office arraigned Swanson on November 16 on a felony charge of committing an act of sodomy while the victim was "incapable of resisting."

Swanson waived formal arraignment and it appears he hasn't entered a plea. His next court date is Monday, December 5. His bail has been set at $200,000.

Attorney Edward Nino, who's representing Swanson, didn't respond to an interview request.

Andrew Gonzales, 29, Swanson's ex-boyfriend, doesn't believe Swanson committed the crime. He said that Swanson had told him that he and the younger man had exchanged oral sex before the three of them went out October 22, but Gonzales doesn't believe an assault happened.

In a phone interview, Gonzales, who remains friends with his ex, said that he and Swanson slept in Swanson's bed that night while the teen slept on the floor.

"I'm a light sleeper," Gonzales said. "There's no way in hell [Swanson] got up and did anything."

State sex offender data indicate Swanson was previously convicted of "lewd or lascivious acts with a child under 14 years of age." No date is listed.

Lisa McCrary, spokeswoman for the DA's office, said records indicate that Swanson was previously arrested for a narcotics-related offense.

Police ask anyone whom Swanson has victimized, or anyone with information about him or this case, to contact San Jose police Detective Angel Mina at (408) 537-1395. Anonymous calls can be made to Silicon Valley Crime Stoppers at (408) 947-7867.

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