San Jose

Indiana man charged with rape in San Jose cold case

Santa Clara County District Attorney’s Office
NBC Bay Area

A man found living in a small Indiana town has been charged with the rape of a woman in San Jose 15 years ago through an investigation that allegedly matched his DNA to the crime, the Santa Clara County District Attorney's Office said Tuesday.

James Aaron Whisenand, 43, was arrested Monday by authorities in Indiana after DNA allegedly matching his was found at the senior living apartment of a woman who was raped after the suspect entered her residence.

Authorities in Indiana convinced Whisenand to come down to the local police department to fill out forms related to his sex registration. However, once there, he was met by San Jose Police Department Special Victims Unit Sgt. Sean Pierce and Det. John Moutzouridis, the original detectives who investigated the case in 2008.

On January 6, 2008, Whisenand allegedly entered the 61-year-old woman's first-floor apartment on Saint Elizabeth Drive. Wearing a ski mask, he allegedly punched the victim in the face, breaking her nose, and then choked her before sexually assaulting her multiple times.

At the time, no suspects were identified. The victim in the case died of natural causes in 2011.

In March, prosecutors learned that DNA from the crime scene, uploaded to the national CODIS database in 2008, allegedly matched Whisenand, a sex registrant for a misdemeanor sexual battery conviction in 2023.

Prosecutors believe that at the time of the rape, Whisenand lived with his then wife on Meridian Avenue, just two blocks from the victim's senior living facility.

"As our forensic technology grows, the reach of justice becomes longer," District Attorney Jeff Rosen said about the case in a statement released by his office.

Whisenand is set to be extradited to Santa Clara County to face his charges and is being held without bail, the District Attorney's Office said.

If convicted of all charges, Whisenand could be sentenced to life in prison.

If anyone has any additional information about Whisenand, please call (408) 792-2466 or email coldcasetips@dao.sccgov.org.

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