A former San Diego police officer accused of rape listened Tuesday as his accuser testified she was forced to have sex in a police patrol car.
A 34-year-old woman claims she was raped and forced to “orally copulate” Daniel Dana, 26, while he was on-duty as a San Diego police officer.
A judge ruled the woman was a credible witness and held Dana over for trial.
In court Tuesday, the woman said she first met Dana while working as a prostitute. She testified Dana helped her avoid possible arrest by offering to tell her where vice officers were working.
Then, she said Dana texted her that he was in his hot tub and wished she were there.
She told the court she thought Dana wanted to see her as a paying client.
Then, in mid-May, the woman alleges things turned violent when Dana told her he would take her to jail if she didn't have sex with him.
She said she was told by the former officer that she had "no choice."
The night of the alleged rape, the woman testified she was scared because it was dark where Dana took her and she didn't know where to run to get away.
She testified that Dana forced her to have sex with him in the patrol car and that after she licked her finger and rubbed it on the seat of the patrol car to leave DNA evidence that she had, in fact, been inside the car.
Hours later, the woman testified she called 911 to report she had been assaulted by a police officer.
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It is NBCSanDiego's policy not to identify victims of alleged sex crimes.
Under cross-examination, Dana's attorney,
William Wolfe, tried to establish the alleged victim had developed a friendship with the former officer and that the sex acts were consensual.
Wolfe said cell phone records show the two had exchanged 116 texts. The victim alleged only five or six texts between the two.
He also noted that she didn't phone for help immediately after the alleged assault even though she could have.
Wolfe also attacked the woman's credibility by recounting her numerous arrests and convictions dating back to 1998 including theft, forgery, assault with a deadly weapon and prostitution.
The alleged incident happened at Presidio Park at 3 a.m. on May 11.
Dana was booked later that day on charges of rape, kidnap, assault by a public officer, oral copulation by threat of authority, oral copulation by threat of retaliation and rape by threat of retaliation among other charges. He has pleaded not guilty to all charges.
Sources say investigators took the allegations very seriously because they checked the officer's GPS system on his car and the location where the woman claimed the officer took her matched up with the GPS.
Dana was on the force for about five years, working out of western division in the Midway area.
He has a wife of five years with whom he shares a home in Escondido.
He will remain free on $300,000 bail while he awaits trial on rape under color of authority, oral copulation under color of authority and false imprisonment.
Several other seasoned officers have been involved in a number of investigations in the last four months ranging from suspicion of driving under the influence to allegations of stalking, rape and sexual battery under the color of authority.
