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Gunpoint Rape Cop Victim Okay With Not Going Through Another Trial
By
John Del Signore
Published May 9, 2012
Modified Oct 12, 2017
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By
John Del Signore
Published May 9, 2012
Modified Oct 12, 2017
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The 24-year-old woman who was raped at gunpoint by an NYPD officer is in no hurry to relive the ordeal of another trial. You'll recall, with revulsion, that ex-cop Michael Pena was convicted of three counts of predatory sexual assault, but the jury deadlocked on the rape charge. It was unclear whether prosecutors would pursue a retrial on that charge, but sources now tell the Post that they're deferring to the victim—who is now determined to move on and put this nightmare behind her (as much as possible).
"She’s been waiting to see what would happen at sentencing," the Post's source says. “The decision has always rested with her, as to whether there will be a retrial or there won’t be a retrial. The perception is that she is not going to want to go through the ordeal of another trial just so that Pena gets more time on top of what’s essentially already a life sentence."
Even though Pena beat the rape rap, he got the maximum sentence on the predatory assault charges (oral and anal sodomy), resulting in a 75 year mandatory prison term. Pena is 28-years-old, so that means he'll be 103 before he gets to see a parole officer. Ultimately, sources say the victim is satisfied with that result, even if it means Pena escapes the rape conviction.
After the trial, media reports suggested that the jury was fixated on weird details, like wondering why the rape victim couldn't remember the color of the car near where she says she was raped. And while semen was found on her underwear, there was no proof of penetration besides the victim's testimony. In the wake of the jury's decision, Queens Assemblywoman Aravella Simotas introduced a so-called "Rape is Rape" bill, which would expand the definition of rape to include forcible oral and anal sexual contact.
Others have called for changes to the state's rape laws, which currently require prosecutors to prove vaginal penetration to get a rape conviction. At a press conference yesterday, NYPD Commissioner Ray Kelly said the proposed changes seemed appropriate, but stopped short of going into specifics. "I think the district attorneys are really the ones that are in a better position to comment on these changes," Kelly remarked. "I don’t know if it would make it easier or more difficult to prosecute some changes."
Tagged
gunpoint rape cop
inwood
michael pena
rape is rape
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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