First of all Rose: Holy Jeebus Shit! That is scary ass! But Wow to you for listening to your instincts.. at 14 years old! That is commendable.

Secondly: I am not a lawyer, nor do I imagine that I know any details about the law. What I do know is that this case is terrifying and disgusting. I grew up in Orange County, in Anaheim to be exact. Next to Disneyland (the happiest place on earth *meh*). And none of these cases surprise me. Yes, the cultural landscape is changing in Orange County but as far as I can tell, the general belief system is not. And it still maintains the strong right wing, Stepford Wives, white is right, woman-as-accessory-so-shut-up-and-lay-down themes. I moved north to Los Angeles as soon as I could get away.

Side Note: For some odd reason, whenever I visit, I always seem to notice how sparkling clean the sidewalks are. It is eery. I like a little gum and grime on my sidewalks. It means that real people have been there.

I can’t even imagine how scary that must have been.
Just… wow.

I shook my head “no” and proceeded to walk away from him, fearing for my life as I never had before, it felt the world had gone into slow motion for me, I knew this guy could kill me if he were so inclined! I took my chances that he wouldn’t actually run down the street, where there would be witnesses, and force a 4′11, 100 lbs, 14 year-old girl into his car at gunpoint. I was right.

I wonder how many young girls got in his car, and in the case you are citing, I wonder how many strippers this cop has raped before one had the guts to stand up to him. Worst of all, I wonder who will be his next victim? Sick sad world indeed…

He basically staked her out, then pulled her over and demanded sex. He rubbed against her and said “what are we going to do about this Lucy.”

This isn’t a case where he just “happened” upon her and then demanded sex. He created the situation which would only have one outcome, her giving into him. When you give into a rapist who has more legal power over you (aside from physical, say a guard at a prison) it’s still rape. That you “gave in” does not make it consenual.

“It’s worth repeating that Park simply argued that the assault was consensual, and that the woman was agreed to perform the sexual act in order to get out of a ticket. Question: Isn’t it a little questionable — and, I would think, illegal — for a police officer to accept sexual favors in exchange for not giving someone a ticket?”

I am not a California lawyer or a criminal lawyer but appears that to answer your question it is illegal but the crime differs depending on who initiates it. If he demands or requests sex in order to let her go its sexual assault. If she offered and he accepted it probably falls under this section:

153. Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows:
1. By imprisonment in the state prison, or in a county jail not
exceeding one year, where the crime was punishable by death or
imprisonment in the state prison for life;
2. By imprisonment in the state prison, or in the county jail not
exceeding six months, where the crime was punishable by imprisonment in the state prison for any other term than for life;
3. By imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), where the crime was a misdemeanor.

It appears according to the various newspaper articles he was not charged with taking a bribe (it appears the most she could have been charged with was a misdemeanor so the charge would have been at most 6 months in jail or $1,000). Instead he was charged with several counts of sexual assault. My guess is the prosecutor did not want to muddle up the serious charges with an alternative comparatively minor charge under 153.

It is difficult to figure out what a jury heard in 9 days of testimony based on a couple of short newspaper articles. Glomming together the various accounts it sounds like at a minimum he set up the stop and lied about not knowing he was pulling her over. So the “best” spin you could possibly put on it from his perspective is he was trolling for a reason to pull her over hoping she would offer sexual favors to get released. So if he goes looking for her and pulls her over for a true but targeted reason in the hopes that she will offer sexual favors to get let go and she does, does that qualify as rape? It does not seem to fall clearly within either clear example.

It appears that from the news articles that both parties may have lied on the stand. In a case involving credibility that makes a jury’s decision difficult.

And why, exactly, would this woman have reported him if the encounter was consensual?

This is difficult to tell without more detail, it would be useful to know more inormation on how it was reported. I am sure the defense answer is that she did this as part of a plan to sue the city and get money. As an aside the $400,000 settlement really does not say much about the merits of the claim unto itself. It just reflects a risk assessment,probably done by an insurance adjuster and the civil attorney. They could have thought the city had a 60% chance of winning but exposure of $1,000,000. Such a scenario might lead one to pay $400,000.

Right ?

Anyone care to steal a Porsche from your local dealership and try that defense ?

In California, it would be considered “assault under color of authority,” and it’s probably at least one of the felonies the guy was charged with.

She might have a federal civil rights claim, which would go against the county