Area : SNET-L

Date : Nov 22 '95, 04:23                                                       
From : revcoal                                                 1:330/202
To   : ALL                                 
Subj : Orange County, CA-Coerced Sex?                                        
ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

From: ur-valhalla!pcnet.com!revcoal
Subject: Orange County, CA-Coerced Sex?
Message-ID: <199511221223.AA10583@relay.interserv.com>
Date: Wed, 22 Nov 1995 04:23:51 -0800
Can you spell R-A-P-E?

<---- Begin Forwarded Message ---->
Date: Tue, 21 Nov 1995 15:20:52 -0800 (PST)
Reply-To: Conference "justice.polabuse" 
From: Bob Witanek 
Subject: Orange County, CA-Coerced Sex?

Posted: Michael Novick (mnovickttt@igc.apc.org> 11/21/95

WOMEN COERCED INTO SEX ACTS AFTER ARREST?
                              
The following account is excerpted from an 11/9/95 LA Times report:

An Orange Co. woman filed suit against the city, the Police
Department and an officer who, she alleges, twice coerced her into
having sex with him while he was on duty, threatening to have her
jailed if she refused.
           Officer Randall L. Driver, 29, named in the suit filed
in Orange County Superior Court, resigned earlier under threat of
dismissal after an internal investigation into the woman's
allegations, said Lt. Timm Browne, the department's spokesman.
           According to the lawsuit, Driver arrested the woman last
Dec. 26 under suspicion of drunk driving and threatened that, if
she did not meet his sexual demands, he would "make her life a
living hell" and do everything he could to make sure she would be
held in custody for as long as possible.
           After she was cited and released, he drove her home,
sexually fondled her and told her that he would return later in
the evening, reiterating "threats of dire consequences if [she]
did not submit to his demands," according to the suit. He later
returned and demanded that she orally copulate him, it alleges.  
         "This man used his badge and his uniform to accomplish
this," said Newport Beach attorny Bryant K. Calloway, who is
representing the woman with co-counsel Milton C. Grimes.
           According to the suit, Driver continued to harass the
woman with  phone calls. She tried to avoid him, but when he
further threatened
        her, she agreed to let him come over again, planning to be
gone by the time he arrived, the suit said.
           But Driver "caught her in the driveway area of her
apartment and forced her back into the garage" where he again
forced her to do a sex act as she "sobbed openly," the suit says.
           The woman ran inside and called police, who took samples
of semen she had spit into the sink and later found they matched
Driver's, the suit said. Grimes said Driver first denied having any
sexual contact with the woman. When he was confronted with the test
results, he said the sex had been consensual, Grimes said.
           The attorneys said Driver had been disciplined before
for sexually harassing a female cadet.
           "The city is liable because they had a bad officer,"
Calloway said. "They had hired him. They had noticed he had a
problem. They had taken disciplinary action against him, and they
kept him on. They allowed him to do this to this girl."
           Browne said he could not comment on the details of the 
investigation of Driver nor on prior disciplinary action against
him, because of the pending litigation. But he said the
department acted immediately and appropriately.
           "When the complaint was brought to our attention, we
did investigate it thoroughly," Browne said. "As a result of that,
officer Driver's relationship with the Orange Police
Department was terminated."
           Driver could not be reached for comment. His sister said
Wednesday night that he has moved to the East Coast. She said she
could not comment on the allegations against him.
           The plaintiff, who is not being named because of the
nature of her allegations, had a prior drug problem and had spent
time in jail, but had not been using drugs for about a year when
the incient occurred, Calloway said. She was distraught over news
that her grandfather had just died and had been drinking when
Driver arrested her. Her blood alcohol level measured .18.       
    Calloway said her history made her particularly
vulnerable to the 6-foot-2-inch officer's threats of jail time.  
         "This man is an intimidating figure," he said. "You add
the badge and the gun, and her fear of going to jail. . . . These
are horrendous circumstances, and this man took advantage of that.
Just because somebody doesn't enjoy a Harvard
college-educated background doesn't mean they don't have rights."
           Calloway said he and Grimes took the case in March to
the Orange County district attorney's office, but it declined to
prosecute. They then approached the state attorney general's
office, but it also declined to take the case.
           "I think he should have been criminally prosecuted,"
Calloway said.
                   The lawsuit also alleges that the city of Orange
and Orange Police Department created "false reports
regarding the incidents" and concocted false evidence.
           It alleges that the conduct is the result of broader
department "policies, practices and customs" to "intimidate and
treat women [differently], to subject persons to outrageous and
unreasonable seizures and dehumanizing abuse and to cover-up
incidents of such conduct by police officers."
           Browne strongly denied those allegations and said the
department took appropriate action against Driver.
           "The Orange Police Department treats everybody with
dignity and with respect. We have in the past and we will
continue to do so,"        Browne said.
           "Unfortunately, we draw our employees from the human
race. Like all humans, we have officers who occasionally make
mistakes. When it's  brought to light that someone has made a
mistake, we do everything in our power to rectify the issue."    
       Grimes said the woman, who is in her mid-20s and was working
at an animal hospital at the time of the icident, is now
unemployed and suffering from emotional trauma.
                         Copyright Los Angeles Times 
Copied from the PRODIGY(R) service 11/09/95 02:57



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