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Prosecutors won't go after CHP officer accused of rape

Posted by on Jan. 6, 2013 at 9:12 AM
  • 24 Replies

Prosecutors won't go after CHP officer accused of rape




Prosecutors won't go after CHP officer accused of rape »Play Video
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BAKERSFIELD, Calif. (KBAK/KBFX) — A former California Highway Patrol officer accused of sexual assault won't face prosecution.

The Kern County District Attorney's office said Friday that it isn't filing charges against Jose Davila due to "insufficient evidence."

Davila allegedly forced himself on a drunk woman in September instead of arresting her for driving under the influence. Davila and his partner allegedly followed the woman home after a DUI traffic stop in the area of Highway 99 and Merle Haggard Drive.

The woman accused Davila of raping her in her bedroom. The other CHP officer, Roald Lopez, allegedly waited in the woman's living room.

After a two-month investigation, the Kern County Sheriff's Office recommended charges of assault under the color of authority be filed against Davila. The sheriff's office didn't say why it didn't recommend charges against Lopez or why it didn't seek more serious charges against Davila.

"I am a little bit surprised and disappointed, because I think in this particular instance, if the sheriff's office has determined an unlawful sexual assault took place, then stronger charges are appropriate, including the charge of rape," the woman's attorney, Cleve McKnight, told Eyewitness News when the investigation wrapped in November.

Friday, county prosecutors said Davila's actions were "unprofessional and inappropriate," though they have reasonable doubt whether the incident was a criminal act or something less.

Both officers resigned in the aftermath of the assault allegations.

Naughty Wittle Puppy

by on Jan. 6, 2013 at 9:12 AM
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Replies (1-10):
supercarp
by Silver Member on Jan. 6, 2013 at 9:19 AM
1 mom liked this

Unfortunately, when police commit crimes, and they do, it is harder to get them prosecuted. The prosecutors are all their friends.

NWP
by guerrilla girl on Jan. 6, 2013 at 9:24 AM
2 moms liked this
THis happened when I was teaching there...I remember it being in the local papers...It was only a few years ago. I just now tried to search for the story, but I can find NOTHING online. Looks like it has disappeared. This was probably not hard to do because charges were never brought.

A similar case happened at my university a few years back. There are "safety patrols" that will escort young women home if you call them. These are not police officers, but "trained volunteers". One night one of the escorts did the exact same thing to the girl who called to walk her home from a party after she had been drinking to much at a party. The "escort" man was in his mid-30's, and had never met the girl before. When they got back to the girl's room, he took her inside and raped her. He claimed it was consensual, but she was very drunk. He was not prosecuted due to "lack of evidence" to back up her story that she did not consent. I find it horrible that those who are supposed to protect us can get away with being the rapists. IMO with all my conflicted feelings about it, I wish Anonymous would get involved in some of these cases.

Naughty Wittle Puppy

mikiemom
by Ruby Member on Jan. 6, 2013 at 9:27 AM
3 moms liked this

Disgusting. The culture of rape and abuse of women in this country needs to stop. The root of the problem is the religious right wing who treat women as property.

mandaday
by Silver Member on Jan. 6, 2013 at 10:36 AM
My husband just got done saying that exact same thing

Quoting mikiemom:

Disgusting. The culture of rape and abuse of women in this country needs to stop. The root of the problem is the religious right wing who treat women as property.

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Nicky2911
by on Jan. 6, 2013 at 12:41 PM

Sometimes I feel that if a person, who has such authority and is charged with protecting the people, commits a serious crime of violence like this they should be executed if it can be proven. Police officers should be a beacon of safety and morality. They should be held to a higher standard, especially when on duty, and should have stricter consequences. Same for our politicians. I know its a dumb idea and would have all kind of negative consequences but the urge to scream the idea remains.....

la_bella_vita
by Bella on Jan. 6, 2013 at 12:53 PM

 Disgusting....makes my stomach turn

la_bella_vita
by Bella on Jan. 6, 2013 at 12:54 PM
1 mom liked this

 These stories do not need send a good message. It let's other people with power who may want to do things like this that they would be able to.

Bonneata
by on Jan. 6, 2013 at 1:03 PM

I agree they should be held to a higher standard. Maybe not the death penalty but you are right there job is to serve and protect and when they neglect to do this or are the perpetrator of a crime such as rape or domestic abuse I think there should be an added penalty.

Quoting Nicky2911:

Sometimes I feel that if a person, who has such authority and is charged with protecting the people, commits a serious crime of violence like this they should be executed if it can be proven. Police officers should be a beacon of safety and morality. They should be held to a higher standard, especially when on duty, and should have stricter consequences. Same for our politicians. I know its a dumb idea and would have all kind of negative consequences but the urge to scream the idea remains.....


Nicky2911
by on Jan. 6, 2013 at 5:16 PM

I know execution is harsh but it certainly would scare the shiz out of anyone who thought they could get away with it... its because it is so possible for them to get away with it that the penalty should be extremely harsh. You may hove a 90% chance of getting away with it but if you do get caught you die. That makes that 10% chance much more scary. I'm not saying behead police officers for speeding but we should have a frighteningly harsh consequence for officers who commit heinous crimes.

Quoting Bonneata:

I agree they should be held to a higher standard. Maybe not the death penalty but you are right there job is to serve and protect and when they neglect to do this or are the perpetrator of a crime such as rape or domestic abuse I think there should be an added penalty.

Quoting Nicky2911:

Sometimes I feel that if a person, who has such authority and is charged with protecting the people, commits a serious crime of violence like this they should be executed if it can be proven. Police officers should be a beacon of safety and morality. They should be held to a higher standard, especially when on duty, and should have stricter consequences. Same for our politicians. I know its a dumb idea and would have all kind of negative consequences but the urge to scream the idea remains.....



Bookwormy
by Platinum Member on Jan. 6, 2013 at 11:06 PM
1 mom liked this

In Central TX there was a case of an officer in one county who appeared to get away with killed his XGF.  Another guy seemed to get framed for her murder.  There was even a documentary made about it.  Years later, same cop, in a different county & & Central TX town, went on a domestic violence (DV) call & raped the DV victim.  I'm sure it surprised the hay out of him that she pressed sexual assault (SA) charges against him.  Unlike the murder suspicion, I believe the SA charges stuck.

This cop was EVIL.  We literally had a murderer/rapist on the police force & my partner & I lived in this tiny conservative town for 10 years until we got flooded out in 2010.  All of this info was in the press or I would say nothing, since I worked for the local DV/SA program at the time.  I started to get very worried for our safety.  Creeped me out beyond words.  When you can't trust law enforcement, who can you trust.

Hate Is NOT a Family Value.

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