Cop Rapes Woman at Gunpoint, Now Says He Shouldn’t Get Life in Prison

Adam Klasfeld | Courthouse News Service

MANHATTAN (CN) — A former police officer who raped a New York City schoolteacher in broad daylight drew no sympathy from New York’s highest court, which unanimously affirmed his 75-to-life sentence on Valentine’s Day.

Michael Pena, now 32, had been off-duty on the morning of Aug. 19, 2011, when he pulled his loaded and police-issued gun on a young woman. The 25-year-old was on her way to her first day of teaching in the Bronx, when Pena pulled her into the courtyard of an Inwood apartment building and raped her.


Prosecutors broke down Pena’s assault into three separate offenses in his indictment, with each carrying a 25-year sentence.

Pena appealed to the New York Court of Appeals, the state’s highest court, after a lower court upheld his sentence in 2015, rejecting the ex-cop’s claim that this punishment was unfairly multiplied.

Pena’s lawyer Ephraim Savitt has emphasized that his client’s penalty is 63 years longer than the average rape sentence. “If that disparity is not cruel and unusual, then perhaps there’s no purpose to having the Eighth Amendment on the books any more,” Savitt said in a phone interview on Tuesday.

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In unanimously upholding Pena’s sentence this morning, the Court of Appeals noted that the Pena’s counsel did not invoke alleged violations of U.S. and New York Constitutions.

“Although defendant generally objected to the length of the sentence before the sentencing court, arguing that the sentence was draconian, he did not alert the court to his constitutional argument,” Judge Sheila Abdus-Salaam wrote for the six-judge court.

“Thus, the sentencing court was never given an opportunity to address any of the constitutional challenges that defendant now lodges with this court,” she added.

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Filming Cops
Filming Cops 2137 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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  • Liz O’neill

    its high time courts started giving cops real sentences for their crimes, far too many cops getting away with everything from drug running to murder.

  • eric

    THERE ARE A HELL OF ALOT MORE COPS OUT HERE ESPECIALLY IN NY, CHICAGO AND CALIFORNIA WHO IS RAPING WOMEN, THESE TYPE OF PIGS MUST GET LIFE OR PUT DOWN LIKE A DANGEROUSE DOG.. IF THESE PIGS TOUCH YOUR DAUGHTER, MAKE DAMN SURE THEY WILL NEVER SEE THEIR FAMILY AGAIN

  • kcdad

    It is a little ironic that a former police officer would complain about how harsh a sentence is.
    Since he swore an oath to uphold the law, he is quite a bit more culpable than the average guy on the street on made no such oath.
    And the problem with “penalty is 63 years longer than the average rape sentence” is not how long his sentence is, but how short the average sentence is… and besides… he’s not white. The average only applies to whites.

  • Drew Brenneman

    Being a law enforcement officer. His sentence should no LESS THAT 75 YEARS!!! It is time law enforcement is held accountable and given higher sentences because they are supposed to enforce the laws, NOT BREAK THEM. And if police want to break such laws they took an oath to enforce. Then they don’t deserve to wear a badge and DO deserve to sit in prison in general population for NO LESS THAT 75 YEARS (if they live that long dealing with general prison population).

  • upagainstthewall

    With all the stories of officers getting away with murder it’s nice to see that this one didn’t get away with rape. With as many officers as I have met that are indifferent to sexual assaults, it’s nice to see that the courts were not indifferent to the crime this bastard committed.

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  • Truthbetold

    Rape is a crime under punished in sentencing to begin with..Considering the victim will have to live and cope with and treat medically with countless doctors, counseling, medications, time and expenses. There is no question she being so young and un exposed or conditioned to any form of abuse prior, will result in SEVER emotional, mental, and relationship problems the rest of her life ! Endless nightmares forever..She may even have been denied the possibility of ever having children, as most rape victims can not ever resolve intimacy after rape. The sentence is what is called a equitable exchanged.

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