"Did you feel safe at that point?'' prosecutor Annette Irving asked.

"No,'' the woman replied. "I was just scared. I didn't know where I was going. I didn't know what he was going to do.''

After 3 a.m., the officer pulled into a dark park and told the woman to sit in the front seat, the witness said.

"Did you feel like you had a choice?'' Irving asked.

"No,'' the alleged victim testified.

She said she smoked a cigarette while Dana took off his belt and walkie- talkie.

She said Dana demanded that she perform oral sex on him, then had sexual intercourse with her.

After the sexual encounter, during which she said the defendant also licked her neck and breast, she put her pants back on and Dana drove her back to El Cajon Boulevard, she testified.

On the drive back, the woman said she licked her fingers and wiped saliva on the front seat of Dana's patrol car to prove that she was there.

"Why did you do that," asked Irving.

"Because I wasn't sure if I was going to say anything at first in case if I did say something i wanted to have proof that I was in that car," the alleged victim said.

The woman was questioned by officers and taken for a sexual assault exam.

Wolfe said the alleged victim routinely violated her probation by going out to work as a prostitute on El Cajon Boulevard.

"She's not afraid of going to jail, she goes there routinely,'' Wolfe told San Diego Superior Court Judge Charles Rogers.

The attorney said the sex could have been consensual and called the alleged victim's credibility into question.

But Irving said the woman's story has remained consistent from the beginning and that, combined with the DNA evidence found in Dana's patrol car and evidence that the ex-officer drove the route the alleged victim said he did that night, makes her story credible, the prosecutor said.

"There is no reason not to believe this victim,'' Irving told the judge.

Dana resigned immediately after his arrest because he knew he would be fired, Wolfe said.

Rogers ruled there was enough evidence to proceed to trial and ordered the defendant back to court on June 28 for arraignment and to get a trial date.

Dana, who is free on $300,000 bail, served four years in the Marine Corps and joined the San Diego Police Department after being honorably discharged from the military in 2007.