Elderly Woman Claims Cop Raped Her
SACRAMENTO (CN) - A longtime Sacramento police officer charged with raping an elderly woman also faces a civil lawsuit from his alleged victim.
Gary Dale Baker, now 50, was arrested on Dec. 20, 2012 on suspicion of sexually assaulting Jane Doe.
Doe was 76 when she was sexually assaulted the first time, the Sacramento Police Department said in a statement the day Baker was arrested.
The first attack was reported in November 2010. Police could get only limited information from Doe, as her speech was impaired from a pre-existing medical condition.
Police determined that the suspect forced Doe to have sexual intercourse and to orally copulate him, according to the Dec. 20, 2012 statement.
The woman indicated that the suspect may have been a security guard or police officer, but no arrest was made at the time.
Two years later, on Sept. 20, 2012 and again on Dec. 11, 2012, the woman reported that the man had returned to her apartment and attacked her again.
Police told the woman's family to install a video surveillance camera at her home.
On Dec. 18, 2012, Doe's family told detectives they believed they had surveillance footage of the suspect, who had returned again to the woman's home.
"Investigators responded and recognized the images on the video to be Gary Baker," police said in the statement.
A DNA test identified Baker as the suspect in the 2010 assault and he was arrested, police said. He was charged with rape, two counts of forcible oral copulation, attempt to commit oral copulation, assault with intent to commit rape and sexual battery.
In her lawsuit in Superior Court, Doe states that Baker "intentionally and recklessly used his authority and control, and in the course and scope of his duties as a peace officer to gain access to plaintiff's residence. Thereafter, defendant Gary Dale Baker physically restrained plaintiff, causing physical injuries to her body, and sexually assaulted her including forcible rape, and forcible oral copulation."
Doe claims that Baker was on duty and displaying his badge at the time of the assaults, and that he made "credible threats intending to scare plaintiff thereby causing plaintiff to reasonably fear for her safety."
During a preliminary hearing this year, a detective testified that Baker told investigators he had consensual sex with Doe.
Although Doe was determined to be incompetent to testify, the judge ruled that some of the hearsay statements Doe made to investigators and family members are admissible, according to the Sacramento Bee.
Doe's trial is set for March 18, 2014. He is charged with three sexual assaults on Doe.
In her lawsuit, Doe seeks punitive damages for assault and battery, stalking, elder abuse, sexual battery, negligence, and other charges. She is represented by Eric Ratinoff with Kershaw, Cutter & Ratinoff.
Also named as defendants are the City of Sacramento, Sacramento Manor Inc. and WGID Enterprises.