Man Accused of Rape with Cousin as Bystander – Victim Threatened With Guns

By Annette Wong-Toi and Natasha Pawar

SACRAMENTO, CA – A Sacramento man is being accused of raping a woman he previously had a sexual relationship with, threatening her with two guns, according to testimony here in a preliminary hearing in Sacramento County Superior Court this week.

The defendant, Foua Xiong, allegedly threatened the alleged victim, hereon referred to as “A. Doe,” with a gun when she refused his advances. Xiong has prior convictions, and was present in court for three separate counts regarding this particular incident.

Arresting officers testified A. Doe was present at a shed with another friend with whom she was having consensual relations at the time. They had spent some time together, when Xiong, the friend’s cousin, and known to the victim as “Aloe,” arrived and asked his cousin to leave the shed.

As per A. Doe’s statement, Xiong locked the door and proceeded to force himself on her, “shoving” her onto a couch and “pinning down her wrists,” according to the victim. When she struggled and tried to say no, he pulled out two guns that were wedged in the couch. The accused went on to threaten and assault her.

Assistant Public Defender Rodney Simpson chimed in to ask numerous times why the officers did not ask A. Doe if she had called for help. He made it a point to bring this up throughout his line of questioning.

After this, the defendant threatened her with the guns again, and told her not to tell anyone what happened. The victim did not have any injury marks on her outward appearance, despite the struggle she recounted, said officers.

As per her statement, Xiong and his cousin then forced her into a car, allegedly dragging her across the ground and putting her into the backseat. Xiong allegedly slapped her, took her phone, and refused to tell her where they were going. Doe shared that she thought they were going to kill her.

She jumped out when the car reached a stop sign, and used a stranger’s phone to call the police from a nearby apartment complex.

The officers booked two guns at the scene, one black and one tan. However, Doe stated that she had been threatened with what she thought was a green gun.

Defense Attorney Simpson had issues with this discrepancy, and animatedly asked multiple questions regarding the confusion between the colors identified by Doe and the police. To make his point, he said, “I’m not Picasso, but one can easily tell the color of a gun.”

He also took issue with the vague timeline of events A. Doe had recounted in her statement.

A detective revealed that Doe had disclosed previous sexual relations with both men in the years leading up to this event. She also shared that she had endured sexual assault before, and been raped recently as well.

Defense attorney Simpson commented that if Doe had reportedly smoked dope earlier that night, and been under its influence at the time of her statement, she could have conflated what occurred that night with her previous assault.

Judge Trena H. Burger-Plavan still found Xiong should be held for trial. Xiong will reappear in Dept. 61 of Sacramento Superior Court for his arraignment at 8:30 a.m. on July 22.

About The Author

Annette Wong-Toi is a third-year student at UC Davis studying Psychology and Communication. If she isn't learning how to play a new instrument or taking a nap, she's probably feeding the stray cats outside her apartment. She hopes to develop her listening and communication skills to be a better student, writer, and friend.

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