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WhiteTara

(29,713 posts)
Fri Mar 4, 2016, 06:05 PM Mar 2016

Six-Month Sentence for Ex-Trooper Accused of Raping Woman

Source: ABC

An ex-Alabama state trooper who was accused of raping a woman while he was on duty was sentenced to six months in jail after he pleaded guilty Thursday to a misdemeanor sexual misconduct charge.

Felony charges of rape and sodomy against Samuel McHenry II were dismissed as part of a plea agreement he filed in Butler County District Court in Greenville.

McHenry's Alabama Peace Officers' Standards and Training Commission certification will be revoked and he'll have to register as a sex offender, according to the plea agreement.

The plea deal comes amid increased national attention on allegations of sexual misconduct by law enforcement officers. In a yearlong investigation of sexual misconduct by U.S. law enforcement, The Associated Press learned of about 1,000 officers who lost their badges in a six-year period for offenses including rape and propositioning citizens for sex while on duty. The figure includes only officers whose licenses have been revoked. Not all states take such action, maintain accurate records or have a statewide system to decertify officers for misconduct.

In McHenry's case, the trooper drove a woman away from the scene of a car accident the night of Dec. 6 and threatened to take her to jail if she didn't have sex with him, according to a warrant. The former trooper made the demands after he found pill bottles and an empty nasal spray bottle in her car at the accident scene, investigators have said.

Read more: http://abcnews.go.com/US/wireStory/month-sentence-trooper-accused-raping-woman-37399547

29 replies = new reply since forum marked as read
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Six-Month Sentence for Ex-Trooper Accused of Raping Woman (Original Post) WhiteTara Mar 2016 OP
Six months? Gawd. Better than nothing, I guess, but damn. Buzz Clik Mar 2016 #1
I know WhiteTara Mar 2016 #2
Bizarre tularetom Mar 2016 #3
I'm not one of those 'hang them by their balls' people, but damn Chemisse Mar 2016 #4
I agree with you WhiteTara Mar 2016 #5
"Color of authority?" KansDem Mar 2016 #7
You're absolutely right. Cops can get away with christx30 Mar 2016 #15
Technically it is not rape. Yo_Mama Mar 2016 #26
Hmm. I guess being in a position of authority Chemisse Mar 2016 #27
It's extremely bad conduct deserving of a much greater penalty - but you have to prove it Yo_Mama Mar 2016 #28
Well, she was ONLY a woman. valerief Mar 2016 #6
depressing, isn't it? WhiteTara Mar 2016 #8
The older I get, the more I'm convinced our species is a virus. nt valerief Mar 2016 #10
There must've been something that mitigated the charges. Calista241 Mar 2016 #9
I think the latter WhiteTara Mar 2016 #11
Six months? WhiteHat Mar 2016 #12
Rape somebody under color of the law. tabasco Mar 2016 #13
Should be much, much more. Like 60 years (nt) bigwillq Mar 2016 #14
That's effed. I can only hope that his sentence ends early with a fatal shiving. That Guy 888 Mar 2016 #16
I don't wish his death in any way WhiteTara Mar 2016 #17
My mistake for misreading - I thought it was the other convicted rapist-cop in the news That Guy 888 Mar 2016 #20
There are so many, it's hard to keep WhiteTara Mar 2016 #21
I think individuals with certain kinks are drawn to be police. Getting them out is hard. Yo_Mama Mar 2016 #29
I wonder what a typical rapist gets for a sentence under similar circumstances. truthisfreedom Mar 2016 #18
Well, he did lose his job WhiteTara Mar 2016 #19
What a disgusting bastard liberalfromaustin21 Mar 2016 #22
the part where he leaves her in front WhiteTara Mar 2016 #23
1000 officers? Where's the outrage? lindysalsagal Mar 2016 #24
I know WhiteTara Mar 2016 #25

Chemisse

(30,811 posts)
4. I'm not one of those 'hang them by their balls' people, but damn
Fri Mar 4, 2016, 06:30 PM
Mar 2016

6 months seems a little light for rape.

KansDem

(28,498 posts)
7. "Color of authority?"
Fri Mar 4, 2016, 06:42 PM
Mar 2016

He was on duty as a police officer--

Under color of authority is a legal phrase used in the US indicating that a person is claiming or implying the acts he or she is committing are related to and legitimized by his or her role as an agent of governmental power, especially if the acts are unlawful.


I would think he would have received a much longer sentence since he was "on duty." After all, who's going to defend herself against an assaulting police officer?

I mean, "resisting arrest?" "assaulting a police officer?" What else could he come up with?

christx30

(6,241 posts)
15. You're absolutely right. Cops can get away with
Fri Mar 4, 2016, 07:10 PM
Mar 2016

pretty much anything. Remember the story of that one guy in Ferguson that was assaulted by the police, then charged with bleeding on their uniforms?

Yo_Mama

(8,303 posts)
26. Technically it is not rape.
Sat Mar 5, 2016, 03:01 PM
Mar 2016

It might have been the best option for getting him off the force and recorded as a sexual offender. Depends on whether the prosecutors thought they could convict on a more serious charge.

The problem is that when he told his story to the jury, it would not be the true one. Undoubtedly his lawyers would have been claiming that the woman pled with him and offered sex to escape serious charges of her own.

This offered a certainty of getting him out of a position to misuse his authority. It also should be permanent, given the sexual offender designation.

Chemisse

(30,811 posts)
27. Hmm. I guess being in a position of authority
Sat Mar 5, 2016, 07:56 PM
Mar 2016

only makes it rape of a minor, not an adult. (I had to look it up).

Yo_Mama

(8,303 posts)
28. It's extremely bad conduct deserving of a much greater penalty - but you have to prove it
Sat Mar 5, 2016, 08:03 PM
Mar 2016

to a jury!

If you overcharge and don't deliver, then you have a guy who at best gets dismissed from your force, but is free to go on being a cop. Clearly, he should not be.

And although the six months is not enough, loss of professional certification for his chosen career and being labeled as a sex offender is very definitely in the public's interest and is a significant part of the penalty.

I congratulate the lady for coming forward and making the complaint. I wish the offender could be sentenced more harshly.

valerief

(53,235 posts)
6. Well, she was ONLY a woman.
Fri Mar 4, 2016, 06:41 PM
Mar 2016

Welcome to New Iran, folks! The religion doesn't matter, just so long as women are hated and devalued.

Calista241

(5,586 posts)
9. There must've been something that mitigated the charges.
Fri Mar 4, 2016, 06:52 PM
Mar 2016

They settled for this weak ass plea agreement for a reason. Maybe evidence was tainted, or something else happened that affected the case.

Or maybe he was just a cop and he got off easy.

 

WhiteHat

(129 posts)
12. Six months?
Fri Mar 4, 2016, 07:01 PM
Mar 2016

You can get a year for jaywalking, and up to 10 years for a joint.

I wonder if the trooper's victims (the rapee, his co-workers, and society as a whole) feel OK about that? If they do, this is a truly evil, mentally sick society in Alabama.

 

tabasco

(22,974 posts)
13. Rape somebody under color of the law.
Fri Mar 4, 2016, 07:03 PM
Mar 2016

Get a misdemeanor. Good thing he didn't have any weed on him.

UNCONSCIONABLE.

SHAME.

 

That Guy 888

(1,214 posts)
16. That's effed. I can only hope that his sentence ends early with a fatal shiving.
Fri Mar 4, 2016, 08:01 PM
Mar 2016

Unfortunately I think sex offenders are kept separate, barring riots.

WhiteTara

(29,713 posts)
17. I don't wish his death in any way
Fri Mar 4, 2016, 09:19 PM
Mar 2016

better that he get to serve his time...he will probably be segregated because he is/was a cop.

 

That Guy 888

(1,214 posts)
20. My mistake for misreading - I thought it was the other convicted rapist-cop in the news
Sat Mar 5, 2016, 12:39 AM
Mar 2016

Last edited Sat Mar 5, 2016, 04:13 AM - Edit history (1)

Sadly I wouldn't have been too surprised if Daniel Holtzclaw got 6 months for pleading guilty to 18 of 36 charges. But looking it up I found out that guy has a jury recommend sentence of 263 years.

Six months is too short, but at least Samuel McHenry II will be a registered sex offender for life.

Yo_Mama

(8,303 posts)
29. I think individuals with certain kinks are drawn to be police. Getting them out is hard.
Sat Mar 5, 2016, 08:09 PM
Mar 2016

I don't think these cases are that rare.

In my hometown where I grew up there was a cop doing it. I think he forced at least six women to have sex with him under threat of charges before one girl fought back. After her allegations were published, all of a sudden other young women came forward. A lot of them.

I remember how furious my father was.

That's why I admire this woman for coming forward. It took guts. It did a great service to others who would have been abused/have been abused. And at least this plea very certainly prohibits this man from getting into a position where he would have the authority to abuse others again. With a sex offender charge, he can't get in as a teacher, generally not even as a security guard, he can't work in many positions, and he most certainly won't be able to get in a as police guard or cop ever.

So although I can't see this as JUSTICE, I think the prosecutor may well have made the correct decision.

truthisfreedom

(23,147 posts)
18. I wonder what a typical rapist gets for a sentence under similar circumstances.
Fri Mar 4, 2016, 10:14 PM
Mar 2016

Seems a very short sentence.

 
22. What a disgusting bastard
Sat Mar 5, 2016, 11:53 AM
Mar 2016

Lock him up for life, I say. Perverted sicko. Just shows how messed up the justice system in this country is.

lindysalsagal

(20,684 posts)
24. 1000 officers? Where's the outrage?
Sat Mar 5, 2016, 02:13 PM
Mar 2016

If they were black, instead of policemen, this would cause marches on the capital building.
WTF?????

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