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Former county deputy avoids jail time, sex offender registration for crimes involving inmates

Original post made on Sep 4, 2019

A former Contra Costa County sheriff's deputy who pleaded guilty to felony sex crimes involving female inmates avoided serious jail time or mandatory sex-offender registration at his sentencing in a Martinez courtroom.

Read the full story here Web Link posted Wednesday, September 4, 2019, 4:14 PM

Comments (9)

28 people like this
Posted by Nick
a resident of San Ramon
on Sep 4, 2019 at 7:52 pm

He got away with rape.


4 people like this
Posted by Malcolm Hex
a resident of San Ramon
on Sep 5, 2019 at 9:30 am

Not if it was consensual.


17 people like this
Posted by Nick
a resident of San Ramon
on Sep 5, 2019 at 9:43 pm

There is no such thing as consensual sex (under the law) between law enforcement and an inmate. Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support from both parties in Congress. It's the reason her attorney was quoted that "he got away with rape." He knows he got away with rape. He left the court house smiling. Who smiles when pleading guilty to felonies, especially a law enforcement officer? Someone who got off as light as he did.


Like this comment
Posted by Malcolm Hex
a resident of San Ramon
on Sep 5, 2019 at 10:54 pm

Nope. You didn’t read the correct statute - obviously.

You said the following: “There is no such thing as consensual sex (under the law) between law enforcement and an inmate.” I am afraid you are wrong - quite wrong.

California Penal Code 289.6(a)(2)

An employee or officer of a public entity detention facility, or an employee, officer, agent of a private person or entity that provides a detention facility or staff for a detention facility, a person or agent of a public or private entity under contract with a detention facility, a volunteer of a private or public entity detention facility, or a peace officer who engages in sexual activity with a CONSENTING adult who is confined in a detention facility is guilty of a public offense.

Rape in the United States is defined by the Department of Justice as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, WITHOUT THE CONSENT of the victim."

So, the first argument, or claim that you made regarding rape is moot. The deputy may have been charged with the definition of the crime I listed above.

As for PREA? PREA requires development of standards for detection, prevention, reduction, and punishment of prison rape. In other words, a suspect cannot be charged with PREA. PREA is a law for reporting purposes only.

By the way, Nick, consensual, non-coerced sexual activity between offenders is prohibited by Department rule, but is not defined as a violation of PREA policies.


25 people like this
Posted by Mike
a resident of Danville
on Sep 6, 2019 at 6:08 am

The cop is scum of the earth and anyone who defends the behavior is also. A prisoner is in a form of duress and should never be able to provide consent for sex with their captor. Much like a minor can never provide consent for sex with an adult. Adults hold to much power over children. Just as guards do with prisoners.


22 people like this
Posted by Bill
a resident of Blackhawk
on Sep 6, 2019 at 8:26 am

There is no such thing as consent between an inmate and a guard. He should be in prison. And anyone who defends him is as bad as he is.


Like this comment
Posted by Malcolm Hex
a resident of San Ramon
on Sep 6, 2019 at 10:06 am

@Mike

Now Mike, grow up. No one, including me, is defending the behavior of the deputy involved. I was simply pointing out the error Nick made in his argument. And please, stop the name calling.

@Bill

Are you making an emotional challenge to the law, or did you not read the Penal Code (California Penal Code 289.6(a)(2)) I posted above? Again, and this is starting to sound like a recording, I am not defending the deputy involved. I am simply pointing out the law.

Here is the last thing to consider, Mike and Bill, do you honestly believe the Contra Costa District Attorneys Office would allow the Deputy to avoid incarceration if the charge had been rape (261PC)? If Morseman was facing a rape charge, he would have been denied bail and looking at some hard time.

The FACT is, the inmates had been flirting with Morseman and handed him a note asking if he wanted to have sex, but had not expected him to take the offer seriously. In my opinion, that note saved Morseman.


20 people like this
Posted by Dan
a resident of Danville
on Sep 7, 2019 at 8:43 am

It is rape because a prisoner does not have free will in their relationship with a guard. So they can not consent to sex. Consent requires free will meaning not being under the power of the person requesting sex.
Malcolm is one twisted sick person who is now justify the statement "Not if it was consensual". Malcom's statement was in the defense of the deputy with which he shares the same morals with.


Like this comment
Posted by Malcolm Hex
a resident of San Ramon
on Sep 7, 2019 at 10:15 am

Dan, you are about as ignorant, or stupid, as they come. Did you not read the article? Here, let me help you. The article stated the following:

“Patrick Morseman, 28, pleaded guilty to four counts of "sexual activity with a confined, CONSENTING adult," And this may be the reason why the Contra Costa County District Attorneys Office did not prosecute the former deputy for rape. In fact, an article from NBC Bay Area news said coercive sex is included in the legal definition of sexual assault, but prosecutors did not believe rape charges could be proven beyond a reasonable doubt in light of evidence presented.

There, you have it, Dan. Bitch and scream all you want at me, but I pointed out the facts of the case - unlike you. Throwing words around and assuming what you obviously don’t know puts your thought process in question.

Cheers,

X


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