Posted by Edmond Geary | Posted in DUI, Police corruption, Rape, Sex crimes | Posted on 31-08-2011
Another law enforcement has been charged with the commission of rape while on duty. Patrick Venable, an Oklahoma Highway Patrol trooper until he was forced to resign for this offense, is charged with Rape Second Degree. The Logan County District Attorney claims this crime took place while Venable was on duty.
The fact that Venable is neither incidental to the crime or an aggravating factor. It is essential to the crime. Why? Because the sex was apparently or possibly consensual. Why, then, if the sex was indeed consensual, could this be rape? Because the young woman in question was allegedly in Venable’s custody at the time. Venable’s attorney flatly denied at the time of Venable’s arraignment that the young woman was under arrest or in custody.
The Oklahoma statute which defines rape, Title 21, Section 1111, provides in relevant part that a rape occurs when:
7. Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim; or….
The facts alleged by the District Attorney, same as the Highway Patrol at the time of pressuring Venables to resign, include the facts that when Venables was on duty on the Broadway Extension in Oklahoma City, he stopped a woman for driving under the influence of alcohol. After putting the woman in his patrol car and talking for a while, Venables allegedly turned off the video recorder that records the events for the later use of the prosecution at trial. Venables then allegedly drove the woman to her home, took her inside and had sex with her at her home located in Logan County. Apparently, the woman was very much under the influence of alcohol because, although she admits “sexual contact in the patrol car,” she had no recollection of what happened at her home. Venables faces up to 15 years in prison if he is convicted.
Venables claimed the sex he had with the woman in her home was “100% consensual.” That would be irrelevant, of course, if the woman was “under arrest or in custody” because the rape definition statute subsection quoted makes no reference to consent.