Cop Didn't Rape Woman, Merely "Succumbed To Physical Contact," Lawyer Argues

has his work cut out for him beating charges that he raped a drunk woman in her East Village apartment after helping her into her apartment. The alleged victim later recorded a confrontation with Moreno, and though he denied raping her when she was passed out in December 2008, he allegedly told her he used a condom when she threatened to make a scene. But as Moreno's trial (and the trial of his partner, three-year-vet Officer Franklin Mata) kicked off yesterday, his lawyer insisted it was all a big misunderstanding.

Prosecutors allege that after helping the unidentified woman home, Moreno and Mata used her keys to return to the apartment, where Moreno raped her as Mata served as a lookout. Yesterday, Moreno's attorney told the jury that his client was merely checking in on the woman at her request, and that during the cops' repeated visits, Moreno was counseling the woman on her alcohol problem. "The woman became flirtatious with Moreno," argued lawyer Joseph Tacopina. "He made an impulsive decision. He succumbed to physical contact."

The woman woke up naked in her bed, and Moreno's lawyers say that when she went to see a friend, she only said that she "believed" she may have been raped. "If she can't say with conviction that she was raped, how are you going to say it beyond a reasonable doubt?" Tacopina asked the jury. The defense also pointed out that no forensic evidence backs up the rape accusation, although the prosecution said some bruising to the woman's cervix could be from rape.

But prosecutors maintain that the woman was “physically helpless” and incapable of consenting to sex, and Assistant D.A. Randolph Clarke Jr. said the officers "used a position of authority to commit incredible, unspeakable and repeated acts” of criminality. The officers are accused of falsifying records, official misconduct, burglary and other crimes, the Times reports.

Update (9/9/11): Gothamist has published a long-form feature about the Rape Cop case, written by one of the jurors. It takes you behind the scenes during their deliberations, and explains how they came to their controversial verdict. Buy it today as a PDF or on Kindle.