Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Defense Lawyer Chastises Media For "Gunpoint Rape" Cop's "Unjust" Sentence
By
Ben Yakas
Published May 10, 2012
Modified Oct 12, 2017
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Ben Yakas
Published May 10, 2012
Modified Oct 12, 2017
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
This week, former police officer Michael Pena was sentenced to 75 years in prison for sexually assaulting a 25-year-old school teacher at gunpoint while off-duty in Manhattan last August. In the Daily News today, his defense attorney Ephraim Savitt wrote a passioned op-ed about what he calls an unjust sentence: "Is there a constitutional carveout for rape charges involving a police officer? The quest for proportionality has taken a dangerous detour. It is one that neither deters criminal behavior nor promotes respect for our criminal justice system. But it’s good press and even better politics."
Here's one particular excerpt from the piece which caught our eye:
Nor should we equate sexual assault, however deplorable, with murder, terrorism, torture and serial crimes with multiple victims. It reduces our justice system from one that metes out fair yet forceful punishment to one that is driven by the politically motivated and media-fueled goal of “sending a message.”
In this case, the message is aimed at law enforcement: If you have a badge, your crime may result in life imprisonment.
We would argue that yes, people who are public servants should be held to higher standards; we trust these people with our lives, we pay for their salaries, and when these sorts of crimes happen, we feel rightfully betrayed. Savitt cites two specific cases to argue that convicted rapists who aren't police officers typically get better sentences (a Montana man who raped a 13-year-old girl as she slept and was given 10 years’ imprisonment and 20 years’ probation; and the Coney Island Boardwalk jogger who was attacked and raped by five men in the mid-90s, and who all got less than 20 year sentences), but it's easy to pick and choose random cases to fit any argument. Just this week, a Maryland man convicted of a 2004 rape was sentenced to life in prison; and a Troy man was also sentenced to life in prison last month for rape.
Of course, Savitt argues that Pena wasn't convicted of rape, only of sexual assault; as he puts it, the crime deserves a "stiff punishment," not a "life-long punishment." But the fact that jurors were deadlocked on the rape charge is likely one of the very reasons Pena got such a harsh sentence. 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 was raped. And while semen was found on her underwear, there was no proof of penetration besides the victim's eyewitness testimony.
The three alleged holdout jurors were intensely scrutinized for the decision by their fellow jurors as well as the media and public. From all the reports, it seems the Pena jury was filled with confusion and indecision; but with the 75-year-sentence, it seems as though Judge Richard Carruthers was making it abundantly clear that he believes the crimes Pena was charged with were equal to rape.
Queens Assemblywoman Aravella Simotas has introduced a so-called "Rape is Rape" bill, which would expand the definition of rape to include forcible oral and anal sexual contact—it would make that which Carruthers and many others already know is true absolutely clear for all. It would make the crimes which Pena was convicted of legally rape with no loopholes or vague language to exploit.
We imagine Savitt might find it reprehensible for a judge to exercise his power in the way Carruthers did, but we feel more compelled by the victim's brief statement before the sentencing: "This has impacted every single aspect of my life... He used his weapon, and basically destroyed my life. That's it. Thank you."
Tagged
cop
ephraim savitt
gunpoint rape
inwood
manhattan
michael pena
off-duty
police
rape
Ben Yakas
Ben Yakas is a former Gothamist reporter.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Inside the Midtown Bus Terminal rebuild: Decks over Lincoln Tunnel approach, a new park
The new deck will be used to store buses and supplies while crews tear down and rebuild the Midtown bus terminal. Once the project wraps, the space will be converted into a new park.
By
Ramsey Khalifeh
Published Oct 23, 2026 at 3:44 p.m. ET
Black couple seeking Queens apartment sues over racist text from broker
The broker accidentally sent them a text that said "Ugh, they're Black," according to the suit.
By
Brittany Kriegstein
News
Black couple seeking Queens apartment sues over racist text from broker
The broker accidentally sent them a text that said "Ugh, they're Black," according to the suit.
By
Brittany Kriegstein
NJ early voting begins Saturday. Here's everything you need to know.
By
Mike Hayes
Countdown clocks are coming to an NYC bus stop near you
By
Stephen Nessen
Are NJ schools unconstitutionally segregated? It's back to the courts to decide.
By
Colleen O'Dea
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .