From this morning's Ninth Circuit decision in O.L. v. Jara, by Judges Bridget Bade and Kenneth Kiyul Lee, joined by Judge Kathleen Cardone (W.D. Tex.):
Plaintiff-Appellant "O.L." sued, claiming that officers at the City of El Monte Police Department (EMPD) and Los Angeles Sheriff's Department (LASD) mishandled their investigations of her claim of rape….
O.L. met her alleged assailant online and went on a date with him. She claimed that he raped her later that night, and she reported it to the EMPD. O.L. showed Officer Martha Tate messages on her cell phone between herself and the alleged assailant. In those messages, O.L. casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet him again for a future sexual encounter. Based on these messages, Officer Tate questioned O.L. about alcohol use, consent, and her motive for reporting the alleged crime.
O.L.'s case was later transferred to LASD. Detective Liliana Jara interviewed her. O.L. showed Detective Jara the same messages on her cell phone. Detective Jara also saw a message in which O.L. told the alleged assailant that she "could make him lose his job" after she discovered that he had remained active on the online dating website where they met. The detective, too, questioned O.L. about her motive for reporting the alleged crime and ultimately told O.L. that her case suffered from many problems.
