January 8, 2020

And the Intern Abuse Award Goes to . . .

I assume this got covered in "The Pink, Slimy Ghetto" column over at Glawker, at some point.

We have all heard stories of law firms, large and small, and sometimes even counsel offices, where student interns are exploited or otherwise treated poorly. Usually, federal law enforcement agencies are not in the running for the top spot in intern abuse surveys.

In this tawdry tale from Boston, however, Special Agent James Clarke of the IRS Criminal Investigation Division (a law school graduate) seems to have given it the old college try. After inviting one of the agency's summer interns out for a night of hard drinking at the bar across from the office, agent Clarke reportedly insisted on driving her to South Station. However, once they reached his government car, which was parked in the Government Center garage, Clarke apparently fancied that a brief, romantic interlude might be nice. According to the article, this led to Clarke restraining the young lady with his government-issued handcuffs, after which he choked her, put his government-issued service weapon in her mouth, and sexually assaulted her. Probably not wanting to be taken for a total cad (perhaps even still hoping for a second date), Clarke did go on to drive her to South Station, where he reportedly sexually assaulted her again, before letting her out of the car to catch a bus home.

Evidently not the forgiving or forgetful type (despite the five hours of drinking), the summer intern called 911 and reported that she had been raped. Physical evidence in the case included injuries consistent with strangulation, and, when they got around to the forensics testing, there was also summer intern saliva on Clarke's pistol.

Oddly, Clarke seems to have been allowed to continue performing his regular job functions for a period of about four months, and was only suspended after he was indicted on criminal charges. Almost equally oddly, some of the press articles reflect that in her initial statement to police, the summer intern indicated she could understand how Clarke might have thought the sex was consensual.

The jury, however, does not appear to have reached that conclusion. According to the linked article, Clarke was convicted of aggravated rape, rape, indecent assault and battery, assault and battery with a dangerous weapon, and strangulation. (Evidently he got a "pass" on driving his government-issued car after five hours of drinking).

Seven to eight years from now, Clarke should be able to begin his ten years of probation, but (absent a successful appeal) will also have to register as a sex offender. The article reflects that Clark admits placing his gun in the intern's mouth, but his version of events was that she was sexually playful and the whole thing was consensual. Maybe shades of gray got a little too gray for him to sort out.

Well, live and learn. If you are a badge-and-gun-toting criminal agent with a wife and kids at home, and you think a seductive summer intern wants you to get her plastered, chain her up in your government car, strangle her, put your gun in her mouth and rape her, just say "no." There is just too much risk of a misunderstanding, in which a jury is likely to end up participating. Trust me on this, and you'll feel better about yourself later. Especially the first seven or eight years.

https://www.bostonglobe.com/metro/2020/01/07/irs-agent-sentenced-years-for-raping-college-intern-with-service-weapon/gJYTEkyvrRjBsURIR31MKK/story.html

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