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Officer not being charged

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Texast6363

New member
Arkansas
I have encountered a situation I am stuck on what to do to get officer who was having sex with my wife while in county jail! I was informed by sum her ex jail mates of situation that was occouring between dectective and wife! I immediately called Sherrif and ask him to review fottage of.dectective removing my wife by self form her cell after hrs! 2 weeks.later I called Sherrif and he said he reviewed footage and yes dectective was doing exactly nas I said! He then said it wouldn't happen again! Wow now later after 3 months I get apologise from other dectective and sherrif because it was really looked into and not only was he taking her after hrs he took her away from jail to his home! They made him resign and told.me.state police had case! So I wait 2 months and state police know nothing of situation! Plz.help
 


Eekamouse

Senior Member
Arkansas
I have encountered a situation I am stuck on what to do to get officer who was having sex with my wife while in county jail! I was informed by sum her ex jail mates of situation that was occouring between dectective and wife! I immediately called Sherrif and ask him to review fottage of.dectective removing my wife by self form her cell after hrs! 2 weeks.later I called Sherrif and he said he reviewed footage and yes dectective was doing exactly nas I said! He then said it wouldn't happen again! Wow now later after 3 months I get apologise from other dectective and sherrif because it was really looked into and not only was he taking her after hrs he took her away from jail to his home! They made him resign and told.me.state police had case! So I wait 2 months and state police know nothing of situation! Plz.help
They terminated his employment. What more do you want?
 

bcr229

Active Member
They have no duty to tell you anything while the investigation is ongoing.

Have you found a divorce attorney yet?
 

Texast6363

New member
They have no duty to tell you anything while the investigation is ongoing.

Have you found a divorce attorney yet?
Understand about investigation but state troopers know nothing about incident with wife! They said they are investigating on detective but nothing my situation! But Sherrif said along with prosicuting atty that it handed over to state troopers
 

CdwJava

Senior Member
Understand about investigation but state troopers know nothing about incident with wife! They said they are investigating on detective but nothing my situation! But Sherrif said along with prosicuting atty that it handed over to state troopers
If this is being investigated as a sex crime, it could well be that the victim's name is confidential. Law enforcement agencies are reluctant to provide names of victims to begin with, and in many states they can be prohibited from providing the names or details of investigations regarding sex assaults. What does your wife say about the incident?
 

CdwJava

Senior Member
I missed where OP said the sex was non-consensual. Or is it always considered rape when a deputy has sex with an inmate?
It could well be considered rape because of the perceived power relationship even if the acts might have otherwise been consensual.
 

quincy

Senior Member
Your wife should file a criminal complaint against the detective. She is the one who is the victim. You can be there for emotional support and can help her financially in hiring an attorney.
 

CdwJava

Senior Member
Could or not.
More than likely there is a sexual assault section that can and should be applied.

https://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-14/subchapter-1/

Most the prohibitions exist against employees of the correctional facility. But, if the Detective is employed by the county and the county runs the jail, the Detective may well be guilty of First Degree Sexual Assault. If the OP's story is true, and this detective DID remove his wife for sexual activity - whether otherwise "consensual" or not, the SOB SHOULD be prosecuted. Whether he WILL be prosecuted or not will depend a lot on what the fie has to say.

EDIT: Nope, if sex happened it WILL be a felony offense as a law enforcement officer is a mandated reporter per 12-18-402(b)(13):

-----
5-14-124. Sexual assault in the first degree.

(a) A person commits sexual assault in the first degree if the person engages in sexual intercourse or deviate sexual activity with a minor who is not the actor's spouse and the actor is:

(2) A mandated reporter under 12-18-402(b) and is in a position of trust or authority over the victim and uses the position of trust or authority to engage in sexual intercourse or deviate sexual activity


EDIT Part 2: Oops! I missed the part about that section being related to being a minor (pointed out be Quincy). Though I am not going to continue scanning those statutes, or any related "color of authority" statutes, I have to believe that there is some offense that makes the actions of that "detective" a crime. Otherwise "consensual" or not, the act is reprehensible. As the Sheriff apparently related to the OP, the state police appear to have the case as would be the most appropriate way to have a criminal allegation of this sort investigated.
 
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