Can Text Messages Show Use of Force in Sex Case?
Doe was born in 2003. She lived with her mother in Oakland, who was abusive toward her. When she was ten years old, her mother “kicked her out of the house.” When she was 11, she became a prostitute.
The Sacramento Sheriff’s Department arrested Doe and returned her to her mother. However, her mother was not welcoming to her and Doe returned to a life on the streets.
She continued her work as a prostitute, working for her first pimp at age 12. She left him when he became violent. She worked for a second pimp, too, but left him when he also became violent.
In September, 2018, Doe met Lucion Lee Edward Banks. Doe was 14 and Mr. Banks was 35. Doe trusted Banks and gave him her cellphone number. Later that day, he picked her up in his Jaguar and he took her shopping for boots.
Doe began working for Mr. Banks as a prostitute the same day. She was required to open the door for him and when she did not, he raised his hand like he was going to hit her. He had other rules about how she was to dress and how to wear her hair. He told her to wear different colored wigs each night and wear revealing clothing, as well as high heal shoes. He told her to call him “Daddy.” He controlled what she could and could not do, who she could speak to, when she worked, when she slept, and when she ate. Mr. Banks physically battered her on three occasions.
He took her to various cities and the areas there (called blades) for prostitution. He drove her to San Jose, Salinas, Oakland, San Francisco, Fairfield, Fresno and Vallejo.
Doe worked every day as a prostitute for Mr. Banks. When they were not together, they communicated by text message and cell phone.
In early October, 2018, at about 1:40 a.m., Mr. Banks was driving through San Luis Obispo and was stopped. Doe was also in the car. Mr. Banks did not have a driver’s license or vehicle registration. There was also an open container of marijuana in the front seat, not in a sealed container as required. The officer also asked Doe about her age because she looked very young and it was nearly 2:00 a.m. She was also dressed like a prostitute.
The officer then searched the car and found many wigs and more revealing clothing, as well as feminine hygiene products and receipts for motel rooms. He also found a condom in Doe’s purse.
Doe told the officer, when Mr. Banks could not hear her, that she was 14 years old and the officer then realized that Mr. Banks was involved in human trafficking of a minor. He then searched both Mr. Banks’ cell phone as well as Doe’s phone. Doe’s phone number had Mr. Banks’ number identified as “My chocolate king,” a name the officer recognized meaning a pimp. She also repeatedly referred to him as “Daddy.”
The text message also included texts from Mr. Banks that he was going to “go upside [Doe’s] head,” meaning to hit her, and that she was “outa’ pocket,” meaning she was not following his rules. There were multiple other text messages wherein Mr. Banks talked about hitting Doe.
The San Luis Obispo District Attorney’s office prosecuted and a jury convicted Mr. Banks of human trafficking of a minor for a commercial sex act and found true the allegation that the offense included force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury (Penal Code § 236.1(c)(2)). He was then sentenced to 15 years to life in prison under the Chelsea King Child Predator Prevention Act of 2010.
On appeal to the California Court of Appeal, Second District in Ventura, Mr. Banks made many claims, but this article will only discuss his claim that the evidence was insufficient that he used force or fear to induce Doe to engage in commercial sex.
The Second District reviewed the evidence and first and foremost noted the control Mr. Banks had over Doe, from what she could wear to who she could talk to. It also noted that he took all the money Doe earned. He also isolated Doe by changing her cell phone number so prior friends could not contact her and only he could. The text messages also showed extreme psychological manipulation of Doe and that he had used force to control her. Thus, there was sufficient evidence for the jury to find that Mr. Banks used force or threats to cause Doe to engage in commercial sex acts.
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