Karinah Guzman feared that the explosive accusations that she was sexually molested by her uncle, a veteran Santa Clara County corrections officer, would tear apart her tightknit family. But after remaining silent for about 13 years, Guzman came forward with the allegations that Jose Zarate molested her starting when she was 9 years old.
Zarate was convicted earlier this year and is scheduled to be sentenced Monday in Santa Clara County Superior Court. He could be sentenced to up to 30 years in prison. Guzman, now 21, plans to be in court, but she said she dreads seeing other family members, who as she feared, have cut off ties with her, her siblings and mother.
“Even now I don’t like going to San Jose, because I’m terrified of seeing my family,” said Guzman, who recently moved to Southern California to get away from the relatives. Guzman is speaking publicly about the case to possibly help others caught in similar situations. “I’m not the guilty one,” she said. “I’m not ashamed of what happened to me.” Zarate’s attorney, Guyton Jinkerson of San Jose, did not return a phone call seeking comment.
Zarate worked as a Santa Clara County corrections officer from November 1992 until June 8, 2009, when he was arrested while on duty at Elmwood Correctional Facility in Milpitas, according to law enforcement officials. He was convicted of two counts of lewd and lascivious acts on a child by force, violence, duress menace and fear and four counts of lewd or lascivious acts on a child under 14. Because Zarate was convicted of a forcible sex crime, his minimum sentence would be nine years, according to prosecutor Ray Mendoza.
But Jinkerson has filed a motion claiming the prosecution did not adequately prove forcible sex crimes were committed. If Judge Rise Pichon rules in Zarate’s favor, he could be eligible for probation, Mendoza said. “I expect the forcible sex crimes will stand and he will be sentenced appropriately for his conduct,” Mendoza said.
Guzman is in counseling and remains depressed by the fallout within her family. She has struggled in dealing with the allegations made by family members who questioned her integrity and honesty. “I felt like a boxer in a ring, trying to defend myself,” said Guzman, a college student. “It was so hard for me to come out; this was the most vulnerable secret that I’ve kept. To see it attacked so severely was so hurtful.”
According to police reports, Guzman told investigators that the abuse began when she was about 9 and lasted until she was about 13. Guzman told police Zarate would touch her inappropriately and at times have her touch him in a similar manner. She recalled one event where he “French kissed” her on a bed.
During the investigation, San Jose police detectives had Guzman call her uncle and talk about the incidents. During the conversation, Zarate did not remember any specific instance but apologized numerous times for making her “feel uncomfortable” and expressed his wish “to take anything back that I ever said or did.”
During the call, Guzman asked Zarate why he acted inappropriately, and he replied “the stresses of life,” according to the police report. She asked him if he had ever done it to anyone else, and he quickly replied ‘no.’ “To me that was as good as an admission,” Mendoza said. A recording of the 48-minute phone call was played in court for the jury.
“The pretext call was very helpful,” Mendoza said. “I think the jury really focused on that.” Guzman also testified during the trial and was put through a lengthy and trying cross-examination over two days. “I didn’t feel like the victim,” she said. “I felt like I was the one on trial.”
When it was time for the jury to deliver its verdict, Zarate’s side of the courtroom was filled with supporters, Guzman said. On the prosecution’s side, Guzman sat alone with her mom, sister and a victim advocate. When the guilty verdict was read on all six counts, Guzman cried.
“I felt so grateful that people believed me,” Guzman said. “To hear accusations that I was a liar for so long, it felt great to finally get justice. I don’t care how much time he gets; I just want him to go to prison, because that’s where he belongs.”
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