United States v. Denjen

Facts

The victim was arrested at an airport for importing ecstasy into the United States. Several months later she was in solitary confinement and on a suicide watch while waiting for her sentencing hearing after pleading guilty to her charges. Her cell was small, dirty, and dingy like a dungeon. It was isolated from the rest of the prison, except for lieutenants who were near by. They had more authority than correctional officers and are responsible for discipline and punishment.

Defendant was a lieutenant at the jail and came to the victim’s cell. He asked her about her sexuality and she expressed that she was not interested in him sexually or doing anything sexual. Defendant tried to kiss her, unzipped his pants, and placed her hand on his penis while her masterbate. She felt sick and was scared during this interaction, specifically because of his authority and his size (6’5″ and 285 pounds against her 5’7″ and 108 pounds).

15 minutes later the defendant returned to her cell leaving the door open. The victim again stated that she was no interested in anything sexual with him but he said that did not matter. He tried to kiss her, but she clenched her jaw shut. He asked her to kiss his penis, which she eventually did because she felt like she had no choice. He then unbuttoned her jumpsuit and touched her genitals before leaving and again locking the door behind him.

5 minutes later the defendant came back with cigarettes. He came into her cell again, leaving the door open and tried kissing her again. He then told her to take off her jumpsuit, but to leave on leg on incase somebody came by. She did so because she was scared of his size and authority, but sat down at the back of the mattress because she did not want to have sex with him. He then told her to spread her legs and lay down which she refused to do. She he pushed her shoulders back and spread open his legs. He then laid on top of her with his stomach. It was so heavy the victim could barely breathe, nevertheless move. She did not scream because either nobody would hear, his co-workers who would not care would hear, or he would hurt her. The defendant stopped when he heard somebody coming down the hall.