Any professional or custodial sexual relationship between a professional and an adult patient is defined as 3rd degree sexual assault in Arkansas. (If the victim is a minor, the crime rises to 1st degree sexual assault.)
"This is a very serious crime. These inmates are out there being rehabilitated. Then you throw something like this on top of it. It causes more issues with the inmates," said Sgt. Harold Edmonson with the Bryant Police Department.
According to the police report, the center started an investigation when the inmate was found with a cell phone. The inmate told investigators Moser gave it to him. During that interview he also told him the two had a relationship that started back in March."They had bonded. She had been having problems at home apparently and she was exchanging that with him and they became close friends," said Edmonson.
According to the inmate, the activity led to “consensual” sexual activity between himself and Moser on May 4th. Because no force was used, Moser isn’t being charged with rape. 3rd degree sexual assault in Arkansas carries a maximum sentence of 10 years in jail and a $10,000 fine.
Last year, an Arkansas prison psychologist who had violated rules against being overly familiar with patients was sentenced to three years in prison and a $10,000 fine for sex with an inmate.
5-14-126. Sexual assault in the third degree.
(a)(1) A person commits sexual assault in the third degree if the person engages in sexual intercourse or deviate sexual activity with another person, not the person's spouse, and the person:
(A) Is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Health and Human Services, or any city or county jail; or
(B) Is a professional under § 12-12-507(b) or a member of the clergy and is in a position of trust or authority over the victim and uses the position to engage in sexual intercourse or deviate sexual activity.
(2)(A) A person commits sexual assault in the third degree if the person being under eighteen (18) years of age engages in sexual intercourse or deviate sexual activity with another person not the person's spouse who is less than fourteen (14) years of age.
(B) It is an affirmative defense under subdivision (a)(2) of this section that the person was not more than three (3) years older than the victim.
(b) It is no defense to prosecution under this section that the victim consented to the conduct.
(c) Sexual assault in the third degree is a Class C felony.
History. Acts 2001, No. 1738, § 4; 2003, No. 1324, § 1.