The 24-year-old woman who was raped at gunpoint by an NYPD officer is in no hurry to relive the ordeal of another trial. You'll recall, with revulsion, that ex-cop Michael Pena was convicted of three counts of predatory sexual assault, but the jury deadlocked on the rape charge. It was unclear whether prosecutors would pursue a retrial on that charge, but sources now tell the Post that they're deferring to the victim—who is now determined to move on and put this nightmare behind her (as much as possible).
"She’s been waiting to see what would happen at sentencing," the Post's source says. “The decision has always rested with her, as to whether there will be a retrial or there won’t be a retrial. The perception is that she is not going to want to go through the ordeal of another trial just so that Pena gets more time on top of what’s essentially already a life sentence."
Even though Pena beat the rape rap, he got the maximum sentence on the predatory assault charges (oral and anal sodomy), resulting in a 75 year mandatory prison term. Pena is 28-years-old, so that means he'll be 103 before he gets to see a parole officer. Ultimately, sources say the victim is satisfied with that result, even if it means Pena escapes the rape conviction.
After the trial, media reports suggested that the jury was fixated on weird details, like wondering why the rape victim couldn't remember the color of the car near where she says she was raped. And while semen was found on her underwear, there was no proof of penetration besides the victim's testimony. In the wake of the jury's decision, Queens Assemblywoman Aravella Simotas introduced a so-called "Rape is Rape" bill, which would expand the definition of rape to include forcible oral and anal sexual contact.
Others have called for changes to the state's rape laws, which currently require prosecutors to prove vaginal penetration to get a rape conviction. At a press conference yesterday, NYPD Commissioner Ray Kelly said the proposed changes seemed appropriate, but stopped short of going into specifics. "I think the district attorneys are really the ones that are in a better position to comment on these changes," Kelly remarked. "I don’t know if it would make it easier or more difficult to prosecute some changes."
