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| Omaha correctional officer faces rape charge |
| By TheOmahaChannel.com |
| Published: 09/20/2004 |
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An officer at the Omaha, Neb. Correctional Center who had sex with a female inmate may spend up to 50 years in prison if convicted. Bobby Burrell faces a felony charge under a Nebraska law stating that any sexual contact between a correctional officer and an inmate -- consensual or not -- is considered sexual abuse. Creighton Law professor Reneta Lawson Mack said that under the new law, an officer can't claim that an inmate consented; if sex occurred, it's an automatic crime. "Essentially, what the legislature has done is to create a statutory rape statute in the context of guards and correctional officers, inmates and parolees," said Mack. But that law was enacted in Aug, 1999 -- two months after the sexual contact occurred. Burrell can claim consent as a defense and, if successful, avoid any serious charges. But it is not certain that the inmate consented. Court records indicate that Burrell showed up in her cell one night and "wanted to have sexual intercourse". The inmate claimed that "she was afraid to resist due to her inmate status and having nowhere to run, (she) submitted to Burrell's sexual advancement." A jury must decide if rape occurred or if the contact was consensual. |
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