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Cop Claims Partner Had "Consensual Sex" With Rape Accuser
By
Jen Chung
Published Mar 3, 2009
Modified Sep 9, 2011
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By
Jen Chung
Published Mar 3, 2009
Modified Sep 9, 2011
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The NY Post reports that the partner of the police officer accused of raping an East Village woman claims the pair had consensual sex: "Officer Franklin L. Mata is insisting that the woman willingly agreed to [have] sex with married Officer Kenneth Moreno, 41, last Dec. 7 as the young partner stood by, sources told The Post. But investigators don't buy that story, which Mata has conveyed through his lawyer, sources said."
A cab driver had called 911 for help on December 7, because his fare was an intoxicated woman who vomited in his cab and needed help getting to her home. The next day, the woman told her friends about the attack and called the Manhattan DA's office. A neighborhood bar's surveillance tapes show the police officers visiting the woman's apartment building repeatedly the night of the alleged attack—once with her, and then two more times, the final time with a key.
The Post's sources says that Internal Affairs is skeptical of Mata's story: "Investigators have proof the woman was 'falling-down drunk,' and thus incapable of consenting to sex, sources said... Under the law, if a person has sex with someone who is incapacitated, the person can be found guilty of rape." The woman's landlady was outraged the cops hadn't been arrested (they have been stripped of their badges and guns and placed on modified duty), telling the paper, "Those two ought to be castrated for what they did to this poor girl.
Update (9/9/11): Gothamist has published a long-form feature about the Rape Cop case, written by one of the jurors. It takes you behind the scenes during their deliberations, and explains how they came to their controversial verdict. Buy it today as a PDF or on Kindle.
Tagged
crime
east village
internal affairs
nypd
rape accusation
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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