by Bob Walsh
A District Court Judge has reaffirmed the general notion that a prisoner can not consent to have sex with a jailer. The case comes out of a New Mexico court trial of Enock Arvizo, formerly a Correctional officer now on trial for raping an inmate. At the time of the "encounter" the prisoner was handcuffed and shackled, in an elevator in the court house.
Two months ago Arvizo was found not guilty of one count but hung on a second count. Arvizo is also facing trial over a second "encounter" as well as assault charges over a third incident.
Arvico's lawyer had been asserting, that, in New Mexico, the law only specifically states that children and psych patients are incapable of giving consent to sex. Case law, on the other hand, amply backs up the notion that, due to the power imbalance, prisoners can not legally consent to sex with their captors.
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