Rape – By Law Enforcement Officer

The defendant, a sheriff’s deputy, was charged with rape in the form of forced oral sex on a person he had detained. He faced many years in prison if convicted. The prosecution alleged a prior incident of forcible sex. The defense contested the prior at a motion and convinced the Court to not allow the prior based on questionable veracity.

On the night of the alleged crime, the sheriff’s deputy caught the girl and her boyfriend “parking” in a remote location. Following this, the defendant and the alleged victim remained at the scene, where sexual acts occurred for a period of time after her boyfriend was taken to the sheriffs’ station. The alleged victim’s boyfriend was taken back to the sheriff station leaving the defendant to transport or release the alleged victim.

The defense faced many challenges in this case. Although claiming it was consensual, the deputy admitted taking part in oral sex with the alleged victim. Furthermore, the alleged victim reported the defendant immediately to the authorities after he released her from the scene.

Digging deep below the surface of the evidence presented, Bill Nimmo convinced most members of the jury that the woman had consented to sex. The alleged victim lied about the amount of methamphetamine she and her boyfriend had ingested prior to the event. It was clear she was lying about other things as well. The jury hung 10-2 for the defendant. A later plea bargain ultimately ended in a misdemeanor, with no time served by the client.