California

Cop ran woman’s license plate after seeing her at In-N-Out, later raped her, suit says

A woman is suing a police officer in California, accusing him of raping her in September.
A woman is suing a police officer in California, accusing him of raping her in September. Getty Images/iStockphoto

A California police officer is accused of raping a woman while he was on-duty a few months after seeing her at an In-N-Out drive-through and finding her online.

The Anaheim Police Department officer is now under criminal and internal affairs investigations, city spokesman Mike Lyster confirmed to McClatchy News on July 10.

McClatchy News is not identifying the officer because he has not yet been formally charged.

While the woman was in line at an In-N-Out Burger drive-thru in Anaheim in May 2023, she saw the officer looking at her, according to a new federal lawsuit first reported by The Los Angeles Times.

The officer, whom she didn’t know, smiled at the woman — and then sent her a friend request on Facebook the next day, May 20, 2023, a complaint filed July 8 says.

He sent her a Facebook message letting her know that he discovered her name by looking up her license plate and asked for her phone number, according to the complaint.

The woman “figured it couldn’t hurt to be in the good graces of a police officer in the area” and gave him her number, the complaint says.

The officer started texting the woman, who expressed that she did not want anything romantic with him, according to the complaint.

He would visit the woman’s home on a few occasions while on-duty after texting her first over the next few months, the complaint says.

She agreed to kiss him at her home but told him no when he asked to have sex with her, according to the complaint.

When the officer asked to visit her house on Sept. 25, the woman agreed to see him but “made it clear to him that she was having a bad day,” the complaint says.

She also told him to not come if “he was coming over for sex,” according to the complaint, which says he then arrived at her home in his police vehicle, while in uniform and on-duty.

At some point he started kissing her and initiated oral sex, “all of which (she) consented to,” the complaint says.

However, the officer started becoming rough and “suddenly digitally penetrated” her, according to the complaint.

After the woman said he hurt her, he’s accused of raping her further while she repeatedly said “no” and tried stopping him before pushing him away, according to the complaint.

Then he forced her to perform oral sex, the complaint says.

“(She) made it very clear, prior to and during the forced intercourse, that she did not consent to have sexual intercourse with (him),” according to the complaint.

Now the woman is suing the officer and the city of Anaheim, accusing him of sexually battering her and violating her civil rights, the complaint shows.

She is seeking more than $7 million in damages.

“We hold our police officers to the highest standards, and our police department thoroughly investigates all matters of employee misconduct,” Lyster told McClatchy News.

“When these allegations were brought to our attention, the Anaheim Police Department immediately launched criminal and administrative investigations,” Lyster said. “The officer was immediately relieved of duty and remains on administrative leave.”

The criminal investigation has been presented to the Orange County District Attorney’s Office, according to Lyster.

McClatchy News contacted the district attorney’s office for comment on July 10 and didn’t receive an immediate response.

According to the lawsuit, the officer’s gun was nearby and visible on the woman’s couch cushion while he was raping her.

“(She) was terrified and fearful for her life. She just wanted (him) to leave,” the complaint says.

The rape physically and emotionally harmed the woman, who was left with related medical and psychological expenses, according to the complaint.

She is demanding a trial by jury with her lawsuit, which also includes several police officers and city officials, who weren’t identified, as defendants.

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This story was originally published July 10, 2024 at 1:52 PM with the headline "Cop ran woman’s license plate after seeing her at In-N-Out, later raped her, suit says."

Julia Marnin
McClatchy DC
Julia Marnin covers courts for McClatchy News, writing about criminal and civil affairs, including cases involving policing, corrections, civil liberties, fraud, and abuses of power. As a reporter on McClatchy’s National Real-Time Team, she’s also covered the COVID-19 pandemic and a variety of other topics since joining in 2021, following a fellowship with Newsweek. Born in Biloxi, Mississippi, she was raised in South Jersey and is now based in New York State.
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