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2002 Queens rape

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On December 19, 2002 a gang of five men living in an encampment along a railroad track in Queens, New York violently raped a 42-year-old mother of two who had been sitting on a bench with her husband when she was dragged away by the group of perpetrators. Four of the five perpetrators were in the United States illegally; three of these had been arrested multiple times.

Crime[edit]

On December 12, 2002 five young men surrounded a couple as they sat on a bench, grabbed the woman, dragged her down two staircases, down a path between two lethal third rails, and into their hideout, adjacent to Flushing Meadows-Corona Park, a subway line and a commuter rail line. The hideout was so well concealed that it took police searching with trained dogs two hours to locate it. It consisted of two areas, one "little more than a mattress and a refrigerator box," the other a "piece of plywood leaning on a pole and draped with a deli awning" sheltering a mattress and sundry discarded objects.[1][2][3][4][5]

The man was left with a concussion and a broken nose.[6]

The woman was brutally raped repeatedly by the five perpetrators.[1] The woman was badly beaten and the bone of her left eye socket was cracked.[1][6]

Perpetrators[edit]

The five perpetrators were Carlos Rodriguez, 22, Victor Cruz, 22, Jose Hernandez, 18, Luis Carmona, 20, and Armando Juvenal, 20.[1] Three of the perpetrators had police records.[7][1]

Hernandez, described as the ringleader by police, pled guilty to attempted third degree assault in 2000. He had grabbed a woman by the wrists and forced her to a building, pushed her into the basement and into a bedroom. The court granted the woman a protective order.[1]

The following month Hernandez and Juvenal were arrested and charged with threatening a woman with a steak knife. Juvenal allegedly said, "I'm going to do something to you if you don't bring your brother to talk to us". Both men pled guilty to misdemeanor menacing and harassment charges.[1]

In 2002, Hernandez pled guilty top a July 9 assault on a man; he was sentenced to 90 days in jail.[1]

Juvenal had a record of minor violence. On March 11, 2001, he was one of about 20 men who chased two men into a restaurant, ordering them to "give us everything you've got".[1] He pled guilty to disorderly conduct. In 2000, he pled guilty to felony robbery in the mugging of a man for a watch and was sentenced to probation.[1]

Luis Carmona, the sole member of the gang who was in the United States legally, had previously been arrested "on charges of possessing stolen property, possessing marijuana, fare-beating and disorderly conduct."[1][8]

Rodriguez and Juvenal are members of a criminal gang.[1]

New York Authorities did not notify the INS about any of the crimes prior to the 2002 rape.[7][1]

Legal proceedings[edit]

Each of the five suspects pled guilty to reduced charges in exchange for lesser sentences. Accepting the pleas enabled the court to keep the name of the victim private.[9][8][10]

The victim attempted to sue the railroad for negligence in allowing the encampment to exist, but was denied on appeal.[6]

Impact[edit]

In May 2003, Mayor Michael Bloomberg rescinded an executive order by Mayor Ed Koch that had blocked New York City police from reporting the immigration status of individuals who came in contact with the law to immigration authorities.[11][12][13] He rescinded the order on September 17, 2003, replacing it with Executive Order 41 instructing city employees not to ask nor to disclose information about immigration status unless required by law or organizational mission.[14][15]

Senator Frank Padavan cited this crime as an argument for passing a bill in the New York State legislature requiring police department in New York to check the legal status of arrested persons.[13][11]

References[edit]

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 Wilson, Michael (28 December 2002). "Squalid Site of Queens Rape Unnoticed by Public Nearby". The New York Times. Archived from the original on 27 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  2. Messing, Phillip (21 December 2002). "RAPE HORROR AT SHEA 'SLUM' : THUGS DRAGGED, BEAT VICTIM: COPS". New York Post. Archived from the original on 26 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  3. Gougherty, Jon (2010). Illegals: The Imminent Threat Posed by Our Unsecured U.S.-Mexico Border. Thomas Nelson. p. 184. ISBN 9781418572136. Retrieved 26 February 2019. Search this book on
  4. Buchanan, Pat (2007). State of Emergency: The Third World Invasion and Conquest of America. Macmillan. p. 25. ISBN 9780312374365. Retrieved 26 February 2019. Search this book on
  5. "Sections Democracy Dies in Darkness". Washington Post. 22 December 2002. Retrieved 4 March 2019.
  6. 6.0 6.1 6.2 Fanelli, James (20 December 2010). "Rape victim still seeking justice as court rules she can't sue LIRR for unsafe encampment". New York Daily News. Archived from the original on 27 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  7. 7.0 7.1 MacDonald, Heather (Winter 2004). "The Illegal-Alien Crime Wave". City Journal. Archived from the original on 27 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  8. 8.0 8.1 Lenkowitz, Eric (16 January 2004). "EVIL RAPE 'SAVAGES'; SHANTY VICTIM TELLS OF ORDEAL AS MONSTER GETS 21 YRS". New York Post. Archived from the original on 6 March 2019. Retrieved 4 March 2019. Unknown parameter |url-status= ignored (help)
  9. Menchaca, Paul (11 December 2003). "All Five Suspects Plead Guilty To 2002 Flushing Meadows Rape". Queens Chronicle. Archived from the original on 1 March 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  10. Lenkowitz, Eric (10 December 2003). "LAST 3 IN 'FLUSHING 5' GANG RAPE PLEAD GUILTY". New York Post. Archived from the original on 6 March 2019. Retrieved 4 March 2019. Unknown parameter |url-status= ignored (help)
  11. 11.0 11.1 Toscano, John (5 May 2004). "Bill Requires Cops To Report Arrests To Immigration". Queens Gazette. Archived from the original on 26 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  12. Sachs, Susan (23 July 2003). "Mayor's New Immigrant Policy, Intended to Help, Raises Fears". The New York Times. Archived from the original on 26 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  13. 13.0 13.1 Morton, Michael (5 May 2004). "Senate approves Padavan illegal immigrant bill". Times Ledger. Archived from the original on 27 February 2019. Retrieved 26 February 2019. Unknown parameter |url-status= ignored (help)
  14. "Archived copy" (PDF). Archived from the original (PDF) on August 9, 2007. Retrieved August 28, 2007. Unknown parameter |url-status= ignored (help)CS1 maint: Archived copy as title (link)
  15. Executiveorder41 Archived August 9, 2007, at the Wayback Machine


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