Attorney: CHP officer left behind condom used in sexual assault
BAKERSFIELD, Calif. (KBAK/KBFX) — A condom used during an alleged sexual assault may prove to be the key piece of evidence against a California Highway Patrol officer in Bakersfield.
"There was no consent at all," said attorney Cleve McKnight about his client, who sheriff's investigators said was sexually assaulted over the weekend.
The 21-year-old woman claimed she was sexually assaulted in her bedroom by a CHP officer, while a second officer was also in the house. Both officers were on duty during the alleged assault.
"The best evidence of any kind of DNA is going to be produced by that condom," said McKnight.
A criminal investigation is underway by the Kern County Sheriff's Office. The victim said she and friends had been drinking at the Sky Bar on Rosedale Highway, and she had consumed a large amount of alcohol.
She was stopped by a Kern County deputy during the early morning hours of Sept. 14 around 7th Standard Road and Highway 99 on suspicion of driving under the influence.
Being a DUI case, two CHP officers were called and took over the investigation. McKnight said his client failed a field sobriety test, and the officers told his client that she had a choice between being arrested or they could follow her home to make sure she was safe.
Also in the car with his client was a man and another woman. McKnight said the officers indicated that she was to drop off the man at his home. leaving the officers alone with the two women.
The woman then drove to her east Bakersfield home where one of the officers carried the second woman inside, while the other officer went with his client into her bedroom.
"He closed the door and engaged in improper sexual acts with her," said McKnight.
The attorney said the used condom left behind by the officer was turned over to sheriff's detectives, who are conducting a criminal investigation.
Also under review is whether the CHP vehicle had a GPS device, which could place the car at the scene of the woman's house. CHP spokesman Officer Robert Rodriguez said not all cars at the Bakersfield CHP office have GPS.
Asked if his client, a young mother of a toddler, knew the officers or had any previous contact with them, McKnight said, "I have information about that, but I don't really want to discuss it right now."
"There was no consent at all," said attorney Cleve McKnight about his client, who sheriff's investigators said was sexually assaulted over the weekend.
The 21-year-old woman claimed she was sexually assaulted in her bedroom by a CHP officer, while a second officer was also in the house. Both officers were on duty during the alleged assault.
"The best evidence of any kind of DNA is going to be produced by that condom," said McKnight.
A criminal investigation is underway by the Kern County Sheriff's Office. The victim said she and friends had been drinking at the Sky Bar on Rosedale Highway, and she had consumed a large amount of alcohol.
She was stopped by a Kern County deputy during the early morning hours of Sept. 14 around 7th Standard Road and Highway 99 on suspicion of driving under the influence.
Being a DUI case, two CHP officers were called and took over the investigation. McKnight said his client failed a field sobriety test, and the officers told his client that she had a choice between being arrested or they could follow her home to make sure she was safe.
Also in the car with his client was a man and another woman. McKnight said the officers indicated that she was to drop off the man at his home. leaving the officers alone with the two women.
The woman then drove to her east Bakersfield home where one of the officers carried the second woman inside, while the other officer went with his client into her bedroom.
"He closed the door and engaged in improper sexual acts with her," said McKnight.
The attorney said the used condom left behind by the officer was turned over to sheriff's detectives, who are conducting a criminal investigation.
Also under review is whether the CHP vehicle had a GPS device, which could place the car at the scene of the woman's house. CHP spokesman Officer Robert Rodriguez said not all cars at the Bakersfield CHP office have GPS.
Asked if his client, a young mother of a toddler, knew the officers or had any previous contact with them, McKnight said, "I have information about that, but I don't really want to discuss it right now."
These Police officers should be fired either way b/c at the very least they showed extremely poor judgement not to mention professional misconduct even before considering the possibility of rape. Although to me it seems like there just might be a little more to the story that doesn't excuse their actions! Also you can't judge all law enforement b/c of the actions of a few!
THEY WERE ON DUTY! SHAME ON THEM! Kick them off the job, and make them pay back the hours they stole from taxpayers!
Asked if his client, a young mother of a toddler, knew the officers or had any previous contact with them, McKnight said, "I have information about that, but I don't really want to discuss it right now."
Â
$20.00 says they dated, he told her to go kick rocks, they had a good bye frolic and she kept the condom for monetary gain and to ruin his life... but her toddler will have college paid for!
 @Hideo . $20.00 says you can't get a date.
 @Emma Brown  @Hideo . $10k says I'm married.I figure if everyone want's to judge the cop first I'll just go ahead and judge the woman first... oh sorry, everyone is innocent until proven guilty EXCEPT for officers who should be tried right on the spot by armchair lawyers, my bad, continue.
If convicted they should both be fired and thrown in jail.
No woman EVER deserves to be raped,or sexually assaulted in anyway. However,this whole issue could have been bypassed had she not chose to drive intoxicated. Everyone involved in this is equally to blame for what happened.I kind of wonder if the judge has brought this up.
 @Kerry Karebear Young your logic sickens me.. i even agree with you- but not for why you agree... your just a fool with a bad haircut.
 @Kerry Karebear Young Seriously? Being drunk is not an invitation to do anything except go home and sleep it off. Certainly not for officers of the law. All they needed to do was to make sure she got home safely - now that woman may never trust anyone to help her. WOW! Do you and Todd Akin share notes, lady??Â
@turtlebug @Kerry Karebear Young I have to disagree with your statement about getting jhome safely. Ihave to agree with the staements about the cops also. Taken home? Are you serious, if she was drunk she should have gone home to the drunk tank so she would wake up there and realize she made a serious mistake by getting behind the wheel of the car. If they would have taken her to the drunk tank, then they would not be looked at for rape.
 @Kerry Karebear Young How is the victim "equally to blame"? The only people who decided to rape anyone were the officers. She didn't use terribly sound judgement, but that doesn't mean she shares ANY of the blame. The only guilty parties are the two officers, if they are indeed guilty of the crime.
Even if she DID consent, this is NOT what officers are supposed to be doing while on duty! I'm a big supporter of police officers, and their dangerous, difficult jobs, but there is NO EXCUSE for this one!
this is why the only people that get upset when a cop passes is other cops.
 @Katrine The "Brotherhood of the Bullies with Badges".
Bad Judgement ALL the way around for EVERYONE involved! Why did this 21 year old woman think it was okay to drive IF she did indeed consume a "large amount of alcohol?!?" She for 1, has a toddler who, I'm sure would love to still have his/her mother around for a while, not dead or in jail...and for 2, could have killed or hurt someone else!! Also, why would she allow an officer to accompany her all the way to her bedroom? How do we KNOW there was "NO consent" on her part? As far as the officers go.....I can only hope that they will learn from their many mistakes made on that night. Not arresting her and allowing her to continue driving all the way to East Bakersfield?!? She could have killed herself or others IF she was intoxicated at all or as much as claimed! Then going inside her house? Really? Even IF she offered, stand by your MORALS and JOB, just don't accept the offer! I used the word "IF" a lot because, after all, NONE of us were there and will never know the real story! I hope everyone involved has learned a lesson from this and I am thankful that no family, including the 21 year old and her passengers, have to bury anyone due to true human carelessness!Â
 @Cruz31 Anyone who has imbibed cannot legally provide consent, due to intoxication and altered mental faculties. Therefor, there was no consent given.Â
 @Anna Riley-Pate  @Cruz31Â
You have never had sex while drunk????? Sorry that puts you in the minority. Not speaking of this case specifically, but if all drunk sex was rape there wouldn't be enough prisons to hold everyone.Â
Â
 @Anna Riley-Pate  @cookdd  @Cruz31 You can't give consent to a uniformed police officer, either.
 @cookdd  @Anna Riley-Pate  @Cruz31 You're missing the point. From a legal stance, she couldn't have given consent if she wanted to, due to her level of intoxication. It is an argument that could be used in court, should prosecution happen. Drunk people have sex all the time, but when it ends up in a rape charge, it opens the door for a more thorough prosecution.
 @Cruz31 For even suggesting that this was the womans fault you show that you are also either a bully with a badge, married to onee, or are a rapist yourself.  Fail.
why risk your career. awful!!
because they're idiots