Woman gets jail time for false rape allegation
Videotape contradicted her claim that she was the victim.
By LARRY WELBORN
The Orange County Register
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A Dana Point woman was told today she must serve at least 90 days in jail for falsely accusing six men of kidnapping and raping her at gunpoint.
Tamara Anne Moonier, 30, also was placed on three years probation and ordered to repay more than $2,000 she received in state financial aid as a reputed victim of violent crime.
Superior Court Judge Carla M. Singer said Moonier can serve an additional nine months on home release if she is approved by the county probation department.
Moonier went to Fullerton police in June 2004 and reported that she had been kidnapped outside a bar by six men and taken to an unknown location and raped.
But one of the men videotaped the sexual encounter, and the tape contradicted Moonier's story, said Deputy District Attorney Paul Chrisopoulos. The videotape showed that instead of being a victim, Moonier was actually the instigator of much of the sexual activity, Chrisopoulos said.
The six men, who were never arrested or charged, could have received life sentences had they been convicted of gang rape.
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You’ll never convince six lucky Orange County guys that porn is bad: a single raunchy sex video is keeping them out of prison. Of course, these 20-year-olds couldn’t have foreseen this fate when they filmed their wild gangbang after a night of drinking at a Fullerton bar.
This tale begins in the wee hours of June 6, 2004, when a distraught Tamara Anne Moonier entered a Fullerton police station. She said she’d been kidnapped a few hours earlier from a parking lot at Heroes Bar & Grill, hooded and driven to an unknown residence. Moonier, then 28, told police that a group of men brutally raped her at gunpoint for more than an hour, forced her to perform numerous degrading sex acts on film, demanded her silence and then released her.
“She said she feared for her safety,” a law-enforcement officer told the Weekly.
With money from a victims’ assistance program, Moonier immediately moved from her Fullerton apartment to Dana Point. Meanwhile, alarmed police detectives used her descriptions to launch a manhunt. Within about a week of the alleged crime, Moonier had picked one of the suspects out of a photographic lineup. Eventually all of the men were identified.
But Fullerton police refused to file charges. The suspects had voluntarily turned over the sex video Moonier had described. It showed no gun, no threats of violence and no force.
In fact, the woman not only directed action at times but complimented penis sizes, complained about the lighting, nonchalantly took a cell phone call during the gangbang, yelled, “Get it up!” when some of the men lost their erections, called herself a slut and demanded ejaculations—in her mouth.
She also laughed at least 27 times during the sex, moaned intensely when she wasn’t laughing and cheered the men to sexual heroics with, “Yeah! Yeah! Yeah! Yeah!”
“I just like sex,” Moonier said at one point on the tape. “I can’t help it.”
Deputy District Attorney Paul J. Chrisopoulos will use the homemade video as Exhibit 1 in his case against Moonier. Last summer, the Orange County grand jury, mostly retired folks, had the thrill (if you want to call it that) of watching the exploits of this petite mother of two children, then toddlers. They indicted her for filing false police reports, committing perjury and stealing funds from a taxpayer-funded victims’ program.
If Moonier and her public defender don’t gain their senses and seek a plea deal, a judge and jury will soon view the tape. They’ll hear more than the following excerpts:
Male: I took your fucking pants down and started fucking you.
Moonier: You sure did!
Male: You liked it, didn’t you?
Moonier: Of course! [Laughs.] Did you?
Male: Fuck, yeah!
Moonier: All right then.
Male: You give good head.
Moonier: Thank you. I told you I’ve watched lots of movies.
To one guy unable to get an erection, Moonier said, “You’re fucking pathetic. You can’t get it up. Forget it.”
Males: She loves this shit [sex].
Moonier: Yeah, I do. Uhhhhh. Very nice!
When one guy complained that Moonier’s teeth hurt his penis during a blowjob, somebody slapped her butt. She responded, “Ouch! Fuck! That’s gonna leave a mark. You’re gonna kill my game. Now I’m not going to be able to have sex tomorrow night. Damn you.” [Laughs.]
Male: How’s my dick feeling?
Moonier: Your dick goes great, babe!
During the gangbang, a cell phone rang, and one of the guys answered it and calmly talked to a buddy. While Moonier had sex in the doggie-style position, the guy handed her the phone. She didn’t scream for help. She said, “Hello? This is Tammy. Yes. He’s fucking me from behind!” The guy took the phone back and gave directions to the residence. Moonier simultaneously complimented one man’s penis: “Big and nice!” Later, she said, “How many people are we calling?”
Male: You know I’m a slut?
Moonier: Among other things.
Male: Right.
Moonier: Well, you obviously knew I was!
Male: Fuck, yeah!
Moonier: How could you tell?
During intercourse, Moonier said, “I have some work to do. Shut the fuck up. Shhhhhhh. Are you the only one who can perform in front of an audience? The rest of them can’t fucking perform. [Moans.] Nice! Much better. Goes in deeper from this angle. [Moans again.]”
A male observer said to the guy having sex, “We can’t hear your balls slapping, come on!” [The guy increased the speed of his penetration and Moonier moaned more.] The men cheered their pal on: “Hit harder!” Moonier said, “Shut the fuck up so he can finish. At least somebody will get off tonight.”
While performing in the reverse cowgirl position (use your imagination), Moonier turned to the camera and said, “This better not fucking end up on the Internet unless you’re gonna give me some of the money!” Minutes later, she yelled at the guys, “Get it up!” And, “That guy can’t ejaculate. . . . Yeah, you fucking gave up on me. . . . And this one can’t even finish either. I’m getting kind of pissed. I just want somebody to finish.”
Male: I want to slap your ass.
Moonier: I don’t need any more marks. You know what’s gonna happen the next time I hook up with the fucking cops? They’re gonna want to know who the fuck I was with. . . . I’m fucking three cops!”
Moonier: You gonna finish this time?
Male: I really believe she really wants to swallow [the semen].
Moonier: I always swallow. What’s the point? You’re gonna get some of it in your mouth anyway. You might as well swallow. I’d be really pissed if somebody was going down on me and fucking turned around to spit. That’s just not right. You have to swallow. That’s just how it is!”
You might be asking yourself: Why would a woman claim rape if she knew a video existed that so thoroughly contradicts her story? If you can figure that out, please let us know. Even after police detectives told her they’d viewed the video, Moonier still refused to recant. She continued to demand that the men be prosecuted.
Next month an Orange County jury will hear the case against Moonier (now Kerr following her marriage). Interesting footnote: without the videotape, the men could have spent the rest of their lives in state prison if they were convicted of kidnapping and aggravated rape with a handgun. But the woman’s false accusation is a misdemeanor punishable by no more than six months in county jail. It’s only because she took several thousand dollars from a taxpayer-funded victims’ assistance program that she was charged with two felonies.
If jurors aren’t impressed with her tale, Kerr faces a maximum sentence of 44 months.
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