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Old 08-30-2019, 11:28 AM   #1
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Two NYPD officers get away with raping suspect

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

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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".

tldr two cops arrest 18yr old for having marijuana on her, rape her in the squad car, and let her go, she goes to the hospital, where they find both officers DNA on her, not considered rape because her credibility is highly suspect, and there was a loophole which allowed officers to rape handcuffed suspects at the time....
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Old 08-30-2019, 11:52 AM   #2
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Was it rape though or did she cut a deal? It said in exchange for her release.. If she said “hey fellas let me go and I’ll let you take turns” is that rape?

I find that scenario more plausible than two cops just raping her and letting her go.. they wouldn’t leave loose ends like that.

Obviously not saying it’s ok but man.. if she made a deal then cried rape that’s BS
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Old 08-30-2019, 12:14 PM   #3
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Cellphone data didn't corroborate her story.
This article is missing a lot of information on this case
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Old 08-30-2019, 01:46 PM   #4
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Was it rape though or did she cut a deal? It said in exchange for her release.. If she said “hey fellas let me go and I’ll let you take turns” is that rape?

I find that scenario more plausible than two cops just raping her and letting her go.. they wouldn’t leave loose ends like that.

Obviously not saying it’s ok but man.. if she made a deal then cried rape that’s BS
They're in a position of power, not only that, she's handcuffed, that's rape, even if she's like "fuck me n let me go" it doesn't matter

Like a person that's kidnapped pleading to the kidnapper to let them go and they can have their way with them it's still rape

There was just that insane "loophole" so your line of reasoning is what got them off
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Old 08-30-2019, 01:55 PM   #5
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Hey I’m not trying to reason with it at all... just saying she may have offered consensual sex in exchange for freedom and then said it was rape. Hell she could have demanded the cuffs stay on!

Anyway.. like I said it’s not ok but in my eyes, regardless of who is in power, if a deal is made that includes sex between adults for x,y or z, then there are no grounds to use the word rape.

To me, rape is one person saying no and the other proceeding to perform the act against the other’s will.
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Old 08-30-2019, 02:14 PM   #6
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They're in a position of power, not only that, she's handcuffed, that's rape, even if she's like "fuck me n let me go" it doesn't matter

Maybe that's her kink
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Old 08-30-2019, 02:26 PM   #7
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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.
that's wack, but if that's the case why are they even serving 5 years probation? sounds like it was legal to me
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Old 08-30-2019, 02:36 PM   #8
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her account from an older news article

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The officers allegedly targeted the woman after finding prescription drugs in her car during a traffic stop.

They allegedly let two young men who were with her leave, before ordering her to undress so they could 'search for drugs.'

They did not find any narcotics, but handcuffed her anyway before pressuring her into sex, according to her lawyer.

'You'll spend three hours in the precinct,' they allegedly told her, David said. They also allegedly said: 'This is what you're going to do for us, and we'll let you go.'

'There was zero consent,' David said. 'The cops were over 6 feet tall. She's very petite, like 5-2 and maybe 100 pounds. There's nothing she could do.'

One of the male friends she was with went to the police station about a half-hour after he was released by the cops. He had been told the officers were taking the woman there, but no one had been brought in.

He left the station and found the woman visibly upset and waiting by his car.

'Her hair was a mess, and she ran up to me and gave me a hug, and she was like, "They f****d me. They f****d me,"' he said.
https://www.dailymail.co.uk/news/art...teen-girl.html
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Old 08-30-2019, 03:31 PM   #9
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^ if true, that is rape. Thanks for clarifying.
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Old 08-30-2019, 07:24 PM   #10
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Yeah it's not up to the police officers to decide how to serve justice.
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Old 08-30-2019, 07:32 PM   #11
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Cellphone data didn't corroborate her story.
This article is missing a lot of information on this case
Are you seriously going to...
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Old 08-30-2019, 08:45 PM   #12
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Are you seriously going to...
I just get so tired of having to sift through multiple articles of the same story just to get half the picture.
Like what ever happened to just reporting a story with as much pertinent detail as possible? Isn't that supposed to be their job?

The rape charge was dropped because her credibility was ruined when she lied in testimony about the "ride through hell". The cell phone data determined that ride she described never took place.

I don't know what happened. I'm just saying the article is leaving out critical details.
I'm not trying to defend what they did in any way.
And yes, i think this "loophole" was completely insane.
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Old 08-30-2019, 09:14 PM   #13
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I just get so tired of having to sift through multiple articles of the same story just to get half the picture.
Like what ever happened to just reporting a story with as much pertinent detail as possible? Isn't that supposed to be their job?

The rape charge was dropped because her credibility was ruined when she lied in testimony about the "ride through hell". The cell phone data determined that ride she described never took place.

I don't know what happened. I'm just saying the article is leaving out critical details.
I'm not trying to defend what they did in any way.
And yes, i think this "loophole" was completely insane.
Fair enough, but I think this is one of those cases where something really rotten definitely happened, and the details aren't super important. Ruining her credibility was the goal of the defense in order to get them off as lightly as possible. It looks like they succeeded in that, but it doesn't mean we need to look at it any differently than what happened - they cuffed and raped an 18 year old girl.
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Old 08-30-2019, 09:24 PM   #14
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Fair enough, but I think this is one of those cases where something really rotten definitely happened, and the details aren't super important. Ruining her credibility was the goal of the defense in order to get them off as lightly as possible. It looks like they succeeded in that, but it doesn't mean we need to look at it any differently than what happened - they cuffed and raped an 18 year old girl.
I agree.
But people should be able to form opinion based on all the facts.
I just think it reflects poorly to omit details regardless.
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Old 08-30-2019, 09:39 PM   #15
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100% agree. I just wouldn't want to be the guy who goes "well actually" about a couple rapists, unless it's actually to refute claims
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Old 08-30-2019, 10:21 PM   #16
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https://theintercept.com/2019/08/30/...ape-probation/

Here's an article.
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Old 08-30-2019, 10:25 PM   #17
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could've been anyone's daughter

these pigs got off way too easy...can of worms with the supposedly rape loophole
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Old 08-30-2019, 10:30 PM   #18
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This was not Chun’s first high-profile turn at enforcing NYPD impunity. In 2016, in a rare instance of a criminal conviction for a killer cop, former Officer Peter Liang was found guilty by a jury for the manslaughter of an unarmed black man, Akai Gurley. Liang had his gun drawn, finger on trigger, while carrying out a vertical patrol in a darkened stairwell in Brooklyn’s Pink Houses. The cop heard a noise and fired, his bullet ricocheted off a wall and struck Gurley in the heart. Neither Liang nor his partner carried out CPR. Chun deemed a sentence of five-years’ probation as appropriate in that instance too.
wtf

Edit: same judge

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A judge handed down a 60-day prison sentence to a disgraced Brooklyn cop on June 26 for violently assaulting a man in Midwood last year, overruling prosecutors who were seeking a lengthier sentence, according to the District Attorney’s office.

...

Baror — who formerly patrolled Transit District 32 in Crown Heights — was off duty and driving his personal Jeep Cherokee when he rear-ended the car in front of him near the intersection of Avenue N and Bedford Avenue at approximately 10:30 p.m., investigators said.

Following the accident, Baror got out of his car and angrily brandished a black handgun, according to Nacmias.

“He hopped out of the car and yelled something like ‘Don’t f--- with the NYPD.’ I didn’t even think he was a cop,” said Nacmias. “Usually a cop would show you a badge, not just whip out a gun and point it at you.”

After a brief verbal dispute, Baror pistol-whipped the much-smaller victim, and repeatedly hit Nacmias in the face with handcuffs, before getting back in his car and driving off, the victim said.
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Old 08-30-2019, 10:30 PM   #19
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It sounds like she needs to sue privately to get what she deserves. It won't give jail time to the perps but at least someone is paying a price for this action.
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