Poll of the Day > Two NY policemen walk free after sex with handcuffed suspect

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https://www.bbc.com/news/world-us-canada-49522500

Two former New York detectives have walked free after admitting to having sex with a handcuffed 18-year-old woman after arresting her.
Eddie Martins and Richard Hall arrested the woman for possession of marijuana before having sex with her in the back of a van in exchange for her release.
They will serve five years probation but escaped the prosecutor's request for one to three years in prison.
The men were initially accused of rape but the charges were later dropped.
On Thursday the former police officers, both in their mid to late thirties, pleaded guilty to official misconduct and other charges linked to the incident.
The police officers pulled the woman over in September 2017 as she was driving with friends and found her to be in possession of marijuana.
They then took turns to have sex with her in the back of the police vehicle, the court heard. The police officers did not report the arrest.
Afterwards, the woman went to hospital, where tests identified DNA matching both detectives.
The rape charges were dropped because the victim's credibility was "seriously, seriously questionable" and the charges could not be proved beyond reasonable doubt, said Justice Danny Chun.
The woman's attorney, Michael N. David, said it was a "complete injustice" that the ex-police officers escaped a jail sentence.

As a result of the case, a loophole was closed that previously allowed New York police officers to have sex with those in custody as long as it was consensual.
Martins and Hall, who resigned from the New York police department in 2017, "engaged in a shocking abuse of power", said Brooklyn District Attorney Eric Gonzalez, adding that he "would have preferred to see them serve prison time".
"We could not apply the new law retroactively, and serious credibility issues in this case precluded us from proceeding on additional charges," said Mr Gonzalez, "yet we remained committed to holding these defendants accountable".

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Ridiculous as it sounds if there was a loophole that made what they did legal and the rape charges were dropped then what exactly where they still being tried for? How it could be misconduct if it was allowed?
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Fucking disgusting.
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aDirtyShisno posted...

Ridiculous as it sounds if there was a loophole that made what they did legal and the rape charges were dropped then what exactly where they still being tried for? How it could be misconduct if it was allowed?

I think they were tried for rape, and because it was legal, the charges were dropped.
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wouldnt it be cool if someone forcefully handcuffed these guys and took turns fucking them in the ass?... in Minecraft of course

That would be sooooo sick

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It sounded really horrible at first. And they did still abuse their positions of authority so they deserved to lose their jobs (and, IMO, about a year in jail...prosecutors wanted 1-3 years).

But yeah...
- The prosecutors royally fucked up and overextended their case by trying to go for a high level Tape* charge when the woman offered sex to them as a bribe to be let go in the first place
- Apparently she was a super unreliable witness and kept lying under questioning and changing her story, so the whole case was a trainwreck
- She was actually arrested for something (drugs), did actually offer a bribe (also a crime, just as much as accepting one is), and DID get to walk off scot free by the two cops who had sex w/ her, and apparently never had any charges for any of the above brought against her afterward. All three really should have gotten some jail time, but if she wasn't even going to face trial for her crimes, the comparatively the cops weren't let off that lightly after all
- She's going to sue the city, so not only will she never face even the prospect of punishment for her own crimes, but she's probably going to walk away w/ a big pay day for what was (mostly...admittedly in a gray area) consensual sex.

*I'm not allowed to utter the magic R-word on here, for any purpose

LinkPizza posted...

aDirtyShisno posted...

Ridiculous as it sounds if there was a loophole that made what they did legal and the rape charges were dropped then what exactly where they still being tried for? How it could be misconduct if it was allowed?

I think they were tried for rape, and because it was legal, the charges were dropped.

I understand that. What where they still on trial for is my question?

A poor example would be if youre on trial for grand theft and it turned out you owned the thing stolen you cant have the charges reduced to petty theft instead.
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aDirtyShisno posted...

LinkPizza posted...

aDirtyShisno posted...

Ridiculous as it sounds if there was a loophole that made what they did legal and the rape charges were dropped then what exactly where they still being tried for? How it could be misconduct if it was allowed?

I think they were tried for rape, and because it was legal, the charges were dropped.

I understand that. What where they still on trial for is my question?

A poor example would be if youre on trial for grand theft and it turned out you owned the thing stolen you cant have the charges reduced to petty theft instead.

They seemed to have been on trial for official misconduct and other charges linked to the incident. According to the article...
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