A former Contra Costa County sheriff’s deputy who pleaded guilty to felony sex crimes involving female inmates avoided serious jail time or mandatory sex-offender registration at his sentencing in a Martinez courtroom Wednesday afternoon.
Patrick Morseman, 28, pleaded guilty to four counts of “sexual activity with a confined, consenting adult,” stemming from acts in which he had oral and vaginal intercourse with two women detained at the West County
Detention Facility in Richmond on or about March 31, 2018.
Jane Doe 1 and Jane Doe 2, both of whom appeared in custody, recounted the events at an emotional preliminary hearing in April — saying they had been flirting with Morseman and handed him a note asking if he
wanted to have sex, but had not expected him to take the offer seriously.
Dean Aynechi, an attorney representing the women in a now-settled civil case against the sheriff’s office, has called what happened “rape.”
Morseman served two days in custody at the time of his arrest but the terms of his sentence only require 180 days of electronic home monitoring and three years of felony probation. The sentence will be served out of state, in Nebraska, where Morseman is relocating.
He will not be required to register as a sex offender, however. Deputy District Attorney Jay Melaas said it wasn’t required under state penal code, and it wasn’t part of the sentencing offered by the judge.
The former deputy will have to surrender any firearms still in his possession and submit to an HIV test in October. The state has already collected DNA samples, however.
Defense attorney Melissa Adams declined to comment on her client’s behalf. Morseman, who appeared out of custody in a gray suit, was seen smiling briefly on his way out of the courtroom.
You gotta be kidding me! The average person, CEO, or celebrity would be barbaqued on a rotisserie.
CEO’s & celebrities are average people? I don’t think so. Celebrities and CEO’s get away with murder. In this case, the union probably stepped in and the lawyers and politicians followed suit because they are all do the same thing – screw the taxpayers.
I agree with you jjshawk. This is not a sentence any joe blow would have gotten. This NOT RIGHT. He should have been charged and prosecuted like any of us would have received. this is more like he did a simple crime. but NOT.
Penal Code 289.6 is a misdemeanor or felony, with a sentence of up to a year in County Jail. It isn’t “Rape” nor does it equate to that charge or subsequent punishment. He’s a turd, yes, but to equate consensual sex to an actual rape is absurd.
What good is a Penile Code if it isn’t enforced?
Dr j.
I c what you did there 😉
Why, because sometimes our legislators are foolish. Walnut Creek has an ordinance against the ownership or sal of slingshots, is it good or bad, I don’t know. But I had the city yank out a whole display of slingshots out of Big Five last year. 108RS
So if a teacher has “consensual” intercourse with a minor student, then it is not rape either?
@ cy ~ Typical Liberal response…change the facts to fit the narrative.
There were no “minors” involved, only consenting adults……
and despite my own opinions of jail vs public school… they are NOT the same.
Tho I would like to mention, if I was caught making the “beast with two backs” with a patient, I would absolutely be fired!….. again.
@Dr. Jellyfinger:
The problem is that inmates cannot consent to sexual intercourse with a guard. There was no consent.
I don’t really care either way cy…
I was just pointing out that your question was ridiculous.
@concord ygnacio It would seem to depend on the “age of consent” in the state in which the activity took place. In California, that is 18 years old, for both men and women, which pretty much eliminates any but some high school seniors and/or college students.
The presumption is, I believe, and someone correct me if I’m wrong, that before the age of consent, the individual is incapable of giving an informed consent legally because of their immaturity and inexperience. In the case cited, both were of legal age to consent.
Totally agree Paul.
While this guy is definitely a turd and should be punished for for his acts “under the color of authority”, this is nowhere near rape. Did anyone actually read what it says?
“….. saying they had been flirting with Morseman and handed him a note asking if he wanted to have sex,”
They flirted with him and asked him for sex. Yes, he was a spineless jellyfish that agreed to it. However, given they approached him and solicited him, would strongly suggest that they consented.
Again, he needs to be charged and convicted for the crime he committed. However, charging him with rape and forcing lifetime registration is absurd. While flawed in many ways, especially in California, this is why there’s a legal system. If it were up to Claycordians, he would be castrated and hung for the rape charge!
that law needs amending to include mandatory registration.
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An inmate is not in an ability to consent to his or her guard, just as a minor student cannot consent to a sexual act with a teacher.
Ken has it exactly right, at college kids now sign a note saying “time for sex”, these women signed a note……………..still a bad decision and the punishment is appropriate. 108RS
A note? Hell, I’d have it printed up on my T-shirt and have the girls sign on the back.
@Jeff – If they signed a note proposing being allowed to share a cell for in exchange for sex then it’s prostitution.
People are allowed to change their mind about if and/or what type of sexual activity they are willing to engage in. Flirting with a guy is not a commitment that a girl or women is willing to engage in unprotected sex.
I agree though that prosecuting this one as rape under color of authority would have been very difficult. Morseman agreed to plead guilty to four felony counts of California Penal code § 289.6 – sexual activity with a confined consenting adult. The judge could have, and should have, sentenced Morseman to a year in state prison for each charge with the only allowance being that the sentences be served concurrently.
It’s not prostitution, it’s rape – under the Prison Rape Elimination Act (PREA). It was passed in 2003 with unanimous support from both parties in Congress. It applies to Federal, Stale and local institutions. It’s the reason her attorney is referring to this as “rape.” This POS got away with rape, and he knows it.
There is no such thing as “consent” between a guard and an inmate. It’s the difference in power that the law doesn’t allow. I remember reading a 2016 Supreme Court decision, and no – I’m not one to post links. If you don’t understand this you’re not thinking very clearly, or you’re very bright.
The article mentions part of the CA penal code that has the category “confined consenting adults”. So you just aren’t reading, period.
This is the sort of thing that has me pulling my hair out and gnashing my teeth! The guy had sex with a couple of women who were confined! And this is a crime? Was anyone hurt? Did anyone complain? I imagine the women were delighted as was the fellow. Sex is fun! So it happens in jail – big deal!!!!! This country’s ideas about sex are medieval, stuck in the dark ages. I agree with Dr. Ruth – have fun anywhere and anytime you can and don’t think about social rules.
AMEN. This is so true. Consensual sex is great and yes a grown women can consent to a person of authority. Example her boss. It happens everyday. The women had a good time and then used the opportunity to sue for money..
Morally at most he should loose his job as it breaks his contract. But felony conviction, really?
Oh please. Just because there isn’t evidence of rape doesn’t mean you know what really happened, much less whether the women enjoyed it! Good gravy.
Seems like the law handled this about as well as it can reasonably be expected to. And it recognizes that even confined inmates can have consensual sex with a guard – illegal for the guard, but still consensual.
But cut the fantasy stuff: you don’t really know what happened at the moment and you certainly don’t know anything about how the women felt about it!
Meanwhile, STDs are on the rise in California. Hence, the necessity that he be tested for HIV. More than 300,000 people were diagnosed with syphilis, gonorrhea, and chlamydia in 2017, a 45% increase over the preceding five years. Might find a slightly less risky place to engage in “consensual sex” than a prison, maybe, regardless of what Dr. Ruth says.
https://www.menshealth.com/health/a20721854/stds-california-gonorrhea-syphilis-on-rise/
He got off easy, no wonder he’s smiling.