Cop Claims Partner Had "Consensual Sex" With Rape Accuser

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.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on March 3, 2009 3:14 PM

Comments [rss]

whitecastlerock

Why haven't they been arrested and formally charged?

Guest

"Courtesy (to stand back and watch while pig buddy rapes drunk woman)

Professionalism (at breaking the law under cover of the badge)

Respect (for fellow law breaking pigs)"

Fuck these cowards! Let 'em learn what consent means (or doesn't mean) in prison.

jessecal

Geez- I think the Cops ar innocent!!

When I get so drunk that I am vomiting in the back of a cab trying to get home-

the VERY FIRST THING I THINK OF is having SEX!

I'm sure that this is the case with many other Gothamist readers!!

C'mon- I mean- 'vomiting and sex' just seem to go together for me!

username_2

To Serve Man!

Typical cop attitude. Cops overstep on people like most people steal pens from work: they think it's a small thing, something they deserve. A priviledge of being a guardian. Same reason they

-park wherever they want

-give speeding tickets to out-of-state drivers who were not speeding

-use their status as cops to avoid paying speeding tickets themselves, and get out of other offenses.

-assault cyclists at critical mass rides

-shoot africans holding cellphones

The small abuses lead to a mindset, the mindset leads to big abuses. At least with traditional criminals you know what you are dealing with. Abusive cops (I would argue most of them are, by nature) are the most deviant part of society.

jules1000

this is an absolute outrage. Don't even know where to begin. These scumbags need to be locked up asap, and then be exposed to all kinds of 'consensual' things in jail.

I agree with that landlady in the article.

I once sat on my doorstep highly intoxicated, barely able to get in. I'm so very glad no NYPD officer was anywhere near at the time, to "help"!

SC

As horrible as this story is on the surface, the drugs in the cop's locker are quite troubling, too. Earlier articles pointed out that the officers passed a drug test... which makes one wonder what they were doing with heroin stashed away. As another commenter noted before -- makes it look like it was a bag kept there to be planted on someone.

Might be a little paranoid, but with what they're already accused of, definitely not out of character.

Whole story is a disgrace.

jaycjay

The packet of heroin, by the way, consented to being in his locker.

just saying

LOL

MisterTissue

While I highly doubt it was consensual in the first place, wouldn't it be grievously unprofessional and certainly against some sort of internal bylaws for a police officer to have even consensual sex while on duty and while his partner watched? The preposterousness of the whole "Yeah my partner watched and I was on duty and not there for more than 40 minutes, but she wanted it" claim is almost indescribable. It is especially troubling to me given these guys' years of service: it makes you wonder how many unreported sexual assaults may be in their professional pasts.

handsomedevil

Yeah, good point. These guys should fired ASAP, regardless of whether they manage to beat the rap later.

emily

'Modified duty'...wow. This blue wall of silence & protection is disgusting.

They can't serve & protect like they're supposed to and yet they're still being paid? So awful.

Ace

Unfucking believable. A couple of real pigs. They should have been arrested. For these two shining examples of the NYPD, anything less than immediate arrest is an insult to the community and should not be tolerated.

PathToWisdom

So, it is consensual sex,

if I agreed to it, but the girl doesn't ?

Beautiful Girls, I want to have sex with all of you.

I agreed to it, that's consensual,

and you cannot sue me.

ha ha ha ha ha.

kane

How many civilians would be out in the streets after having allegations of rape levied against them AND having been found in possession of heroin?

kane

Sorry for the double-post; it didn't show up for a few minutes after I submitted it. My bad.

kane

How many civilians would not be in jail if they had allegations of rape levied against them AND were found with smack in their possession?

jibbly

Courtesy. Professionalism. Respect.

Sorry, Ken and Frankie, looks like you'll be doing some jail time if all you can come up with is this flimsy lie to cover up for your disgusting crime.