In June of 2010, Anderson Police Officer Bryan Robert Benson was accused of raping a young woman he was ostensibly escorting directly to jail on a misdemeanor charge. She alleged he raped her before they arrived.Bensonwas arrested and the Shasta County District Attorney at the time,JerryBenito, charged him with felony acts including forcible rape, rape by threat of authority, sexual battery by restraint, kidnapping to commit rape, bribery and assault by a public officer. Based upon the police report, the charges fit the despicable nature of the alleged crime and the evidence is condemning.

Now current Shasta County District Attorney Steve Carlton has seen fit to acceptBenson's plea bargain of no contest to the charges of assault by a public officer and soliciting a lewd act. Woopty do - just put that little rape thing behind you, what's a little kidnapping every now and then.Bensonreceived a lightweight sentence with a maximum one-year jail sentence that he may get to serve at home, three years of probation and he won't have to register as a sex offender. This gives the impression that assaulting an officer remains a felony but the definition of "rape" has been downgraded to a misdemeanor, akin to public intoxication or a "DUI".

Bensonshould not have been allowed a plea bargain. The victim deserves her day in court and given the preponderance of evidence, I suspect a jury would have foundBensonguilty on all counts. However,Carlsonwas not confident that he could win the case citing a non-specific loophole in theCaliforniapenal code, (PC 289.6) and claiming, "The law is clear that inmates can’t have consensual sex with their guards, but the law is vague about whether such protections extend to those who haven’t yet been booked." What a load of crock. The laws and penalties for rape, kidnapping, assault and bribery are quite clear whether you are a police officer, a prison guard or a short order cook.

Benson's attorneys are claiming the charge of rape did not apply since the encounter occurred before the woman was booked into the jail. This is counter intuitive.Benson was in uniform and on duty, in a position of authority with maximum leverage. He was in an unmarked car when he pulled behind a building and radioed the station claiming he was at the jail. He pulled the woman out of the car and had, according to the police statement, forcible intercourse with her. Evidence revealed semen on the back tire, tire tracks from his car in the alleged rape location and bruises on her body. Not to mention it was noticed that he was late to the jail, the woman immediately claimed she was raped, texted her sister with the same information andBenson told another officer he had sex with her.

This brings up the issue of whetherCarltondoubted the alleged victim's story or doubted his own ability to effectively prosecute the case. If there is a crime and enough evidence to prosecute then loopholes be dammed - that loophole might turn out to be the weakest link in the case.

Former District AttorneyJerryBenitois outraged at the current turn of events and yet he also has been the target of scrutiny for declining to prosecute the 2009 case of involuntary manslaughter in the death of 31-year-oldAdamMartinez. In that case Benito did not think there was enough evidence to disprove a "defense of another" claim but a report on the video claims that the victim had his arms by his side when he was punched from behind - a punch that killed him.

It's a crime in and of itself that the odds of "winning" have supplanted the delivery, or attempted delivery of justice. The excuse is often that it would be a waste of tax payer dollars to prosecute if the odds are not heavily stacked in the prosecutor's corner. Perhaps it is the ability and backbone of the prosecutor that is the deciding factor.

Both AssemblymanJimNielsenandCalifornia SenatorDougLaMalfaare not pleased withBensonbeing given just a slap on the hand and are asking outside legal experts to review theCalifornialaw. If there is a loophole that even insinuates or allows policemen by default to rape a person in their custody, they damn well better find it, and close it.