Uber Sexual Assault Case Net Widens as Police Look for Other Victims of Predatory Driver

By David M. Ring | October 24, 2017

Uber Sexual Assault Case Net Widens as Police Look for Other Victims of Predatory DriverA case that hit the news in June of 2017 – the arrest of Uber independently-contracted driver Alaric Spence– expanded as the LAPD put out a request in late September for additional alleged victims to come forward. The case moving forward involves a passenger falling asleep in Spence’s vehicle, only to awaken hours later in a strange hotel having been sexually assaulted. Because Spence can be seen, openly and confidently carrying the sleeping passenger into the hotel without arousing suspicion, on nearby surveillance video, police suspect he has committed similar assaults previously.

Spence pled not guilty to one felony count of kidnapping to commit rape, one felony count of rape of an unconscious person, and one felony count of rape by use of drugs, which combined carry a possible 15-years-to-life prison sentence. Now, police are asking any other possible victims to tell their stories.

What is a background check worth?

Uber is required to background checks on all of its drivers, including Spence. However, given Spence’s prolific criminal record (including five separate felony convictions for drug related offenses in three different California counties), victims are left wondering what type of behavior or history would disqualify a driver from being hired by Uber. According to the company’s website, the following criteria are required:

  • Hold a US driver’s license for at least one year
  • No major moving violations within the past seven years
  • No more than three minor moving violations in the past three years
  • No conviction for a felony, violent crime, or sexual offence within the past seven years

However, it is unclear whether Spence’s felony convictions were either out of the seven-year window or simply didn’t come up under Uber’s background checking system, Checkr. There are conflicting reports about whether Uber is or is not likely to consider a felony charge outside the seven-year window problematic, but the official policy is clear: after seven years, it isn’t prohibitive, no matter the charge or ultimate disposition.

Unlike traditional taxi services, Uber’s drivers are not routinely fingerprinted. The fingerprint-based background check process is run through the California Department of Justice and the Federal Bureau of Investigations. Fingerprints have been used as biometric identification for centuries, and in the US, they are inextricably linked to a person’s unique records of arrest and prosecution, or RAP sheet. The service Uber employs, Checkr, is an accredited background screener, that differentiates itself from other, similar, companies with web-based services and integration with human resources digital systems. While all this technological innovation brings speed to the background check process, with cases like Alaric Spence’s, the question sexual assault victims are left wondering is whether services like Checkr provide accurate background checks, and whether companies like Uber take a history of felony convictions seriously enough.

Calling a ride instead of driving under the influence has been hailed as the socially responsible choice, but if companies like Uber fail to properly screen their drivers, that choice could lead to sexual assault or worse for innocent passengers. Every sexual assault victim deserves to feel safe and have his or her story heard, believed, and acted upon to bring justice. The Los Angeles sexual assault attorneys of Taylor & Ring are committed to offering you civil justice representation that is persistent and diligent. Call us today at 310-776-6390 to schedule a confidential consultation, or complete our contact form

Posted in Sexual Assault