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Deputy gets jail time for misconduct with inmates
By Statesman Journal
Published: 09/08/2005

A former Marion County, Ore., jail deputy accused of forcing two female inmates to perform oral sex on him was found innocent of those charges Wednesday but guilty on a lesser charge of official misconduct.
Curtis D. Kotter, 32, and the others in the courtroom reacted quietly, some crying, as Circuit Judge John Wilson announced his verdict in the nonjury trial.
Wilson then sentenced Kotter to 90 days in jail and two years of supervised probation and ordered him to undergo a sex-offender evaluation and any recommended treatment. Kotter was not convicted of any sex crimes, so he will not be required to register as a sex offender.
During a two-day trial in Marion County Circuit Court, Kotter's defense lawyer did not dispute that there was sexual contact between Kotter and the inmates but contended that the sex was consensual.
Wilson said that the evidence did not prove the more serious charges of first-degree sodomy and unlawful sexual penetration, but he said Kotter had violated the trust of inmates by taking advantage of them.
"In my mind, this was an unforgivable violation of your duty to the public," Wilson said, adding later that "you just can't engage in this whether somebody wants to or not."
Wilson ordered Kotter to report to his probation officer today to give county officials time to arrange for him to serve his jail sentence outside of Marion County.
Kotter worked at the jail for five years before he was put on paid leave on May 22, 2004, and fired in August 2004.
Kotter was accused of forcing two female inmates to perform oral sex on him in a bathroom next to a jail laundry room, where they had gone to get cleaning supplies on May 17, 2004. The women testified that Kotter was more lenient than other officers and previously had broken rules for them.
If he had been found guilty even of just one of the more serious felony sex crimes, he could have spent eight years and four months in prison.
Kotter testified Wednesday that he had often been inappropriate with inmates, including engaging in sexual banter with them. He admitted lying to his supervisor and police about what happened but said his testimony that the inmates initiated the sex was the truth. Just before he was sentenced, Kotter said he had acted inappropriately.
"I would publicly apologize for my conduct," Kotter said.
One of the women chose not to comment at the sentencing.
The other said people should be able to feel safe when serving their sentences in jail. She said that she felt hurt and disgusted and thought Kotter was getting away with something he should not have.
The "consequences I suffer every day are horrible," she said. "I have nightmares. I don't sleep. I wet the bed and I'm 35 years old."


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