Moreno acquitted, jury finds a “rape-free window” of victim intoxication

26 May

Ta-da, World’s Creepiest NYPD Officers Kenneth Moreno and Franklin Mata have been magically acquitted of rape charges by the “she wasn’t too drunk to consent but she was too drunk to remember what happened” fairies.

The two officers helped bring the drunk lady to her apartment. Then, because the gentlemanly thing to do is to get into bed with a woman while she’s annihilated and make sure her breasts are still in the right place, Moreno did that. (And then extra-creepily referred to it as “cuddling.”) Mata, good buddy old pal, kept watch in the living room. The lady alleges that Moreno wanted to make sure her vagina was still in the right place, with his penis, but Moreno says, uh, she was too drunk to remember whether I did that or not, but I used a condom.

From the NYT:

Although the defense never conceded that the two had sex, a central point of argument in the case was whether the woman was too drunk to consent to sex….

Defense lawyers pointed to surveillance footage of the woman walking on her own as she entered the building in front of the officers as evidence that she was conscious and able to communicate. They also contrasted what the woman told some friends shortly after the alleged rape — that she thought she was raped — with the certainty that she was expressing on the witness stand. Her spotty recollection of that night, the defense said, was enough to raise reasonable doubt over whether she was raped.

So apparently there’s some kind of “rape-free window” of intoxication where you’re not drunk enough to rule out the possibility of consent, but you’re also too drunk to credibly remember what happened. That’s kind of convenient for a rapist! Watch out for this window, ladies. And watch out for Moreno.


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