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Everyone knows you can’t rape a whore

So why would it be possible to sexually assault a stripper? Luckily, the good people of Orange County have taken a stand against vice by finding a police officer not guilty on ten counts and three felony charges — despite the undisputed fact that he pulled a woman over and ejaculated on her.

The cop (Park) was also charged with further counts of sexual assault, including fondling the woman’s breasts and using his fingers to penetrate her vagina.

His defense lawyer claims that she was asking for it, and was probably thrilled to be assaulted — after all, she is a stripper:

“She got what she wanted,” said Stokke. “She’s an overtly sexual person.”

The cop had stopped this woman before. He knew where she worked, and that she was a perfect victim. He waited for her car to leave the parking lot of the club she worked at, then tailed her for almost 10 minutes. He had stopped her four months earlier and allowed her to keep a baggie of drugs — in exchange for her phone number. When he called, she was too busy to meet up with the (married) police officer. Coincidentally, in the weeks prior to the assault, Park ran the names of nine female employees who worked at the same strip club as his victim through the DMV computer. Park had been warned by the police sergeant to stay away from the strippers. Twenty minutes after pulling the woman over and ejaculating on her, he called her — he claims to make sure she got home ok, she says because he was threatening her and instructing her not to tell.

Naturally, she was put on trial more than the cop was:

t wasn’t a surprise that Stokke put the woman and her part-time occupation on trial. In his opening argument, he made it The Good Cop versus The Slutty Stripper. He pointed out that she’d once had a violent fight with a boyfriend in San Diego. He mocked her inability to keep a driver’s license. He accused her of purposefully “weakening” Park so that he became “a man,” not a cop during the traffic stop. He called her a liar angling for easy lawsuit cash. He called her a whore without saying the word.

“You dance around a pole, don’t you?” Stokke asked.

Superior Court Judge William Evans ruled the question irrelevant.

Stokke saw he was scoring points with the jury.

“Do you place a pole between your legs and go up and down?” he asked.

“No,” said Lucy before the judge interrupted.

“You do the dancing to get men to do what you what them to do,” said Stokke. “And the same thing happened out there on that highway [in Laguna Beach]. You wanted [Park] to take some sex!”

Lucy said, “No sir,” the sex wasn’t consensual. Stokke—usually a mellow fellow with a nasally, monotone voice—gripped his fists, stood upright, clenched his jaws and then thundered, “You had a buzz on [that night], didn’t you?”

As if watching a volley in tennis, the heads of the male-dominated jury spun from Stokke back to Lucy, who sat in the witness box. She said no, but it was hopeless. Jurors stared at her without a hint of sympathy.

In his closing argument, Stokke pounced. He called Lucy one of those “girls who have learned the art of the tease, getting what they want . . . they’ve learned to separate men from their money.”

Shorter Stokke: Sluts can’t be raped.

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


46 thoughts on Everyone knows you can’t rape a whore

  1. I really can’t blame the lawyer. He’s got a loser client with a long history of bad behavior. There’s no way he can win on the facts. There’s no way he can win on the law. Yet he has an obligation to give his loser client the best defense possible. His only option was to attack the victim. He did it disturbingly well, but he did his job. Park is the villain here, not the lawyer.

  2. Um, I can blame the lawyer for using unethical and underhanded tactics in his defense. Not everything is fair game in defending your client — and the “you can’t rape a slut” argument is not a responsible one.

  3. I’m not convinced that giving the best defense possible equals employing hte unethical and underhanded tactics that this guy used. I’m with Jill, I can blame both the villain and the lawyer.

  4. Man, between this and the privileged teenage boys getting away with videotaped rape of an unconscious girl, I really hate Orange County. It is all so disgusting. And how the hell was a jury of 11 men and one women for a sexual assault case acceptable?

  5. Even if it’s all true – she did in fact agree to give him sexual favors in exchange for ripping up a ticket – isn’t that still legally rape? “Do this, or the law will come down on you.” Certainly if there was jailtime at stake, it’d be called rape. Am I wrong here?

  6. This is the most disgusting thing I’ve read in a while — the sheer naked hatred the lawyer is exploiting. Is there any chance of an appeal in this case? Anywhere we can write or send money?

  7. I can be pissed off at the lawyer and the jury too, because his “evidence” that the sex was consensual was basically “she’s a stripper, so she couldn’t have said ‘No.'” That this is a tactic that works speaks volumes.

  8. Wait. His articulated defense to the rape charge was, I let her trade sex she consented to for not enforcing the law?

    what parts of ‘consent’ and ‘law enforcement’ do I not understand?

  9. Good god, I’m actually writing about this right now… I almost threw something when I first read the article. So apparently, being an “overtly sexual person” nulls your right to not have some dude jerk off on you without your permission? Amazing. I especially like the part where he yelled “You wanted Park to take some sex!” at the girl. As though sex is something you get to take from someone, like candy, or the “take a penny, leave a penny” dish at a convenience store.

  10. Yet he has an obligation to give his loser client the best defense possible. His only option was to attack the victim. He did it disturbingly well, but he did his job. Park is the villain here, not the lawyer.

    I’ve always found the “it’s his job to get the guy off no matter what” attitude towards lawyers disturbing, and if that’s his attitude, as well, I think I’ll find him a villain as well, thanks. His job is to represent his client, not necessarily to get his client off, no matter what. The line of argument that “She was asking for it- she’s a stripper so it’s okay” isn’t just him “doing his job.” It’s him saying “Hey, who cares if she was raped- she’s just a slut anyway.” I’m all for the him having a fair trial, but I fail to see how letting the defense trot out sexist justifcations for rape and intentionally misrepresent/lie about what happened constitutes “fair.”

    And that was not his only option. Another option would have been, oh, I don’t know, admit guilt. Plead for a light sentence. Argue the facts of the case, instead of fall back on the “she was asking for it” argument. If his client was such a fuck-up that the case was unwinable without saying “Well, she asked for it” then maybe a plea should have been in order.

    But, no. Since she was just a stripper, it doesn’t matter if this guy raped her or abused his position, or did myriad other criminal acts… the lawyer was just doing his job by getting the guy off scott-free at the expense of the victim.
    Blah.

  11. “She got what she wanted,” said Stokke. “She’s an overtly sexual person.”

    So… the next time some guy makes overtly sexual remarks/gestures towards me, can I have my gay boyfriend just splooge all over him? I mean, if this guy has ever wanted sex ever or made any overt sexual overtures, that’s totally what he wants, right? Sexual contact with anyone, anywhere, anytime?

    God, I hate people.

  12. Shades of the OC Rape Case. It took two trials to get a sheriff’s son and his two asshole friends convicted on some counts of sexual assault (but not rape) when they videotaped their assault on an unconcious girl. One of the defense attorneys, Joe Cavallo, said the same thing–“She’s a sexual person!” (So, you know, burn her at the stake. She can’t be raped.)

    Assholes.

  13. She was so overtly sexual that she lured this man from within the club (making him wait for her to leave the club) and forced him to follow her until she reached a secluded stretch of highway and then pulled her over even though he wasn’t in his own jurisdiction?

    Did her overt sexuality also cause the GPS in his vehicle to fail?

    I’m sorry, but this defense attorney can be blamed for using unethical tactics and this jury can be blamed for ignoring evidence of a pattern of premeditated behaviors.

    This defense implies that if the case were about a woman robbing an obviously well-off customer, she should be found not-guilty simply because he was an overtly-financial person. “He had Sugar Daddy written all over him.”

  14. Laser Potato, I’ve often wished that the legendary vagina dentata were real, on the grounds that only a rapist need ever fear it.

    BTW, if an opening capable of defending itself is so terrifying to men, then why do they like blowjobs so much?

  15. How does the excuse “she’s a slut, so she wanted it” make sense? After all, if a woman’s perceived to be a slut, why would she cry rape after a consensual sex act? Her “reputation” is already labeled slutty, so one more guy isn’t going to make much of a difference.

    Or is it just that men have interchangeable dicks? Like, are men and their cocks so alike that if you’ll have sex with most of them, you’ll have sex with them all?

  16. I’d be fascinated to know more about the jury selection procedure – specifically who the defense threw out “for cause.” I wouldn’t be surprised to find he had some carefully crafted questions that effectively removed anyone who was willing to consider a stripper to be an actual person. And I would be interested to know just what those were.

  17. You know, I first spotted this on a site well-known for its misogynist membership: I was surprised to see that the vast majority of them even saw the egregious injustice and vicious slander here.

    I also heard/read/a little birdie left me a note telling me that Stokke was one of the attorneys in the videotape rape case mentioned above. I have no idea if that’s actually true.

  18. There’s a whole lot of people who think strippers exploit men. Evidently a lot of them live in Orange County.

  19. Re: defending the indefenseable
    (Please note: I’m not a lawyer — I don’t even play one on TV.) Whatever happened to “reasonable doubt”? As in, if the prosecution does not convince the jury ‘beyond a reasonable doubt’ that what the plaintiff says happened actually did happen, then the verdict is ‘not guilty’? Or is that only the guideline in certain cases? Because it seems to be that all the defense attorney really had to do was present reasonable doubt that the incident did not occur or did not occur the way the plaintiff said it did to defend his client. Personal attacks on someone’s “sexual nature” really never needed to come into it. It seems to me that would be the honorable/ethical way to defend against a charge of this nature.

    NOT that I think what this asshole did is at all defenseable; just that he is, by law, entitled to someone to defend him. I happen to think that attorney enjoyed defending this waste of space just a leetle too much….

    There are reasons I decided not to go into law. This (defending those who are unapologetically guilty) wasn’t actually one of them at the time, but it would quickly have become one.

  20. Even if the cop’s story was true (uh, yeah, that’s very likely), he should be fired. Letting/suggesting/pressuring — to say nothing at all of coercing — a woman into giving you sexual favors to get out of a legal punishment has to be against the law.

  21. God, this makes me sick to my stomach. That poor woman. I can only hope she sues the overly tight pants off the entire Police Department.

  22. Did her overt sexuality also cause the GPS in his vehicle to fail?
    Well said! I can’t believe he got away with this shit. Two more things: If it comes to light that a person really did barter sex to get out of a traffic ticket, shouldn’t the cop involved be automatically arrested for accepting the advances of a prostitute? Oh, and the defense would also have us believe “overt sexuality” caused the officer to lose control of himself. If this moron can’t control his dick, why is he being allowed to roam the streets with a gun and the power to arrest people? The entire case is bullshit, and I hope it’s overturned.

  23. 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?

    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.

    But I guess her slut-powers are so overwhelming that she forced the guy to not give her a ticket. Or something.

    And though the demographics of Orange County are changing quickly, if you have an all-white, mostly male jury of people in their 50s and 60s, that’s pretty much a gathering of the John Birch Club right there.

  24. I blame the jury, not the lawyer. I doubt they would have convicted him no matter what the lawyer argued.

    I can only hope she sues the overly tight pants off the entire Police Department

    .

    From the article:

    Irvine city officials must have doubted his story, too. After an exhaustive police internal affairs investigation, they felt it was prudent to give Lucy $400,000 to make her civil lawsuit go away—for fear a jury might give her much more.

    Even if the cop’s story was true (uh, yeah, that’s very likely), he should be fired.

    Again, from the article:

    Park, who works in construction nowadays

    I guess the silver lining is that at least he was charged with the felonies. There’s not much else the authorities can do if juries don’t want to convict.

  25. Re: Overturning the case:

    It’s a criminal case, the defense won, so the case is over. Not guilty verdicts in criminal cases can’t be appealed. So this guy gets off.

  26. I also heard/read/a little birdie left me a note telling me that Stokke was one of the attorneys in the videotape rape case mentioned above. I have no idea if that’s actually true.

    It’s true. He was Greg Haidl’s attorney. I’m surprised the OC Weekly didn’t mention this (seemingly pertinent) fact. Instead, the writer says Stokke is “among the elite of the local defense bar”, a snazzy dresser, and has a “folksy, grandfatherly style”.

  27. That’s actually true about Stokke. I’ve met him and worked with his office on more than one occasion.

    He’s one of those people who is capable of being a perfectly decent person, until you retain him to represent you. Then he’ll sink lower than pond-scum to do what you pay him for (which is get you acquitted – he’s criminal, not civil, defense).

  28. 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.

    Same in NYS, last I heard.

    when I was in outpatient hospitalization, there was a girl I knew there who was 16/17 at the time who had been in jail before for stealing a detective’s car (the reason she did was because she was caught in a child pornography ring and was trying to run away from her boyfriend who forced her into it… and accidentally stole the detective’s car… talk about bad luck) and had just been in prison for six months for I believe drug charges. In any case, she was now on probation. her PO would tell her that if she gave him sexual favors, he would try to bring down her sentence or get her the hearing she needed to be emancipated and what have you. when she would refuse, he’d threaten to tell the judge that she wasn’t complying with the terms of her probation and all that, so she eventually did whatever he told her to.

    abusing power automatically counts as rape in NYS last i checked and according to this website and appears to include law enforcement.

    she talked to some other young women with the same PO who had the same experience, and thinking this would be ‘proof enough’ that she wasn’t lying, she finally complained to someone about it.

    ‘you just want to get off probation.’

    ‘listen, i could be on probation for the rest of my life; i’ve already been in jail twice, the probation does not bother me at all. besides that, i’m JUST asking you to CHANGE MY PROBATION OFFICER.’

    ‘now why would we believe you? you’re a junkie.’

    it fucking blew my mind, especially the way they acted that because she was a cocaine addict, it made her more liable to make this up (which she wasn’t even using for at least a year, so it was even more WTF?).

  29. Laser Potato, I’ve often wished that the legendary vagina dentata were real, on the grounds that only a rapist need ever fear it.

    Someone already thought of that. The inventor says she got the idea after a rape survivor said to her, “If only I had teeth down there.”

  30. 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

  31. So let’s see if I get this straight? If I can sexually assault a woman who sells sexual titillation / gratification for a living and get away with it then I should be able to steal a car from someone who sells cars for a living and walk free , right ?

    Right ?

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

  32. Well, obviously, ericv. If they’re selling cars, the cars are never really theirs to begin with; they’re mine, and the money is just a technicality. In fact, the cars are inherently drivable objects, therefore I have no choice but to drive them, regardless of the circumstances. Ipso facto.

  33. “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.

  34. If you read more about the case from the original article the situation becomes even more horrifying. Basically Park stalked this woman (or maybe just women from her strip club, I wasn’t clear how much he was targeting her specifically or she was just the victim he managed to grab). Park investigated her for weeks. He looked up her name and the names of other strippers who worked there. He timed his “visit.” He turned off his GPS.

    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.

  35. This makes me think of something that happened to me when I was about 14 years old. I was skipping school and just kind of wandering around when a cop pulled up beside me. He started badgering me about why I wasn’t in school. I first said I was a college student who was between classes, but he didn’t buy that. He told me to get in the car, he was taking me in for truency. There was something about him and how he was looking at me that made every cell in my body scream out “Don’t Get In The Car!!!” So I said “Truency isn’t a crime, if you want to call my school or my mother while I stand outside your car, go ahead, but I didn’t committ any crime and there’s no reason for you to arrest me.” At that point, he took out his gun, pointed it at me, and just said “Bitch, I told you to get in the car now!”

    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…

  36. De-lurking here:

    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.

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