A New York woman who said a Syracuse police officer forced her to have sex in front of her infant son has now filed a lawsuit after the cop avoided rape charges and jail time.
Maleatra Montanez, 40, had called police to report her teenage daughter missing after a family dispute on Valentine’s Day 2015. According to court depositions, Montanez claimed officer Chester Thompson responded hours later and things immediately got scary.
“When I opened the door, he told me that I was pretty,” Montanez said. “He couldn’t stand still. He just kept moving, biting on the bottom of his lip.”
Montanez said the 47-year-old officer told her that her butt was big and said her “lips looked like it can hold… a penis” before he removed his member and ordered her to give him a blowjob.
After forcing the mother of four to perform oral sex, Thompson then demanded Montanez get a condom from a bedroom and ordered her to turn around and look at her newborn son while he raped her from behind, according to court depositions.
“He asked me do I love my son,” Montanez testified. “So I had an idea of maybe what was getting ready to happen. He put the condom on and told me to face my son, to look at my son.”
Montanez said she pleaded through tears that they “didn’t have to do this” and went to the hospital the following day. She then reported the incident to Syracuse police and Thompson was arrested and charged the next month.
In December, Thompson accepted a plea deal and pleaded guilty to two misdemeanor counts of official misconduct for having sex with Montanez and another woman while on duty. As a result, he was removed from his position and sentenced to three years of probation.
Thompson’s sentence amounted to nothing more than a slap on the wrist because New York state law protects police officers from being charged with rape unless the alleged victim explicitly says no and refuses.
“I believe a rape took place in this case,” Montanez’s lawyer, Ed Sivin said, adding that the law defines “forcible compulsion” as “a threat, express or implied.”
Thompson admitted to having sex with Montanez while on duty but claimed it was consensual. Montanez said that is a lie and noted that the day of the encounter was the first time she had ever met the cop. She also asserted that doctors had recently told her to abstain from sex because of the recent birth of her son.
On Thursday, Montanez filed a lawsuit against Thompson and several higher ups in the Syracuse police department. The suit says the officer had a well documented history of abuses that should have been reviewed by his superiors much earlier.
“We’ve had information from several sources that this is not the first time that Chester Thompson has engaged in this type of malfeasance,” Sivin said. “And it appears that this may have been going on for a period of years. And that people high up in the Syracuse Police Department knew about it and didn’t take prompt remedial measures against him.”
The lawsuit is seeking $5 million in compensation and $2 million for punitive damages. Neither prosecutors nor police have commented on the pending litigation.