Negotiated Justice: The Complexities of Sex Crimes
Nancy Crowden was living her best life in Alaska in March of last year when a call from Miami-Dade Police jolted her back to a time she’d rather forget.
A Police Interrogation
It was a night in January 1985 when she says two men she had just met in a Miami Beach bar raped her in an open field along Northwest 9th Street west of Red Road.
The DNA Match
Within two hours of the attack, doctors collected DNA from her body that was eventually entered into a database that compares crime evidence to known offenders.
The Arrest and Interrogation of Gustavo Rivero
In March 2023, a hit: 63-year-old Gustavo Rivero, whose DNA was collected months earlier after he was convicted of cocaine possession. In a Miami-Dade Police interrogation room 4,000 miles away from Crowden in Alaska, Rivero was arrested and asked two detectives, "What’s going on, man?"
The Investigation and Plea Deal
Rivero was charged with armed sexual battery and Crowden said a now-former prosecutor assured her he’d face trial on that charge. However, Rivero was offered a plea deal: admit aggravated battery with a deadly weapon, remain free on 12 years’ probation and avoid a prison sentence.
The Challenges of Prosecuting Sex Crimes
The please is part of a larger issue in the criminal justice system. "Negotiated justice" is a term used to describe this phenomenon, where the defendant does not face the most serious charge they first faced. According to a study of nearly 3,000 sexual violence cases in six jurisdictions between 2006 and 2012, arrests are made in less than 20% of sexual assaults that are reported – and many are not reported at all. About two-thirds of those reported lead to prosecution, and more than 75% of those prosecutions that are resolved lead to plea bargains to some lesser charge.
The Impact on Victims
For victims like Crowden, a plea deal can be frustrating. "I felt like it would have made me look stupid," she said.
Justice Divided
According to Snyder, the Miami-Dade State Attorney’s sex crimes division chief, understanding what victims are going through is crucial. "To anyone who knows a victim, the most important thing they can do is offer whatever support they can throughout the process."
Conclusion
While the outcome may be frustrating, the pursuit of justice is complex and multifaceted. For every case, there are countless variables that can impact the justice system. Ultimately, the goal is to ensure that those accused of heinous crimes like these are held accountable and that victims receive the support and justice they deserve.
FAQs
Q: What does "negotiated justice" mean?
A: "Negotiated justice" refers to the phenomenon where the defendant does not face the most serious charge they first faced, often due to a plea deal.
Q: How common is sexual assault?
A: According to the National Sexual Violence Resource Center, one in five women and one in seventy-one men have experienced completed or attempted sexual assault at some point in their lives.
Q: What is the go-to resource for victims of sexual assault?
A: The National Sexual Assault Hotline is available 24 hours a day. You can call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area.
