There is an interesting case out of Coral Springs, Florida where a woman on probation allegedly videotaped her rape by former parole officer Zachary Thomas Bailey, 50. The brazen criminal conduct alleged in the case has led police to search for more victims. It may also raise collateral civil litigation over whether the state officials knew or should have known of the actions of this man.
The victim says that Bailey came to her home twice and raped her while her daughter was in the next room. The details in the article are quite detailed and indicate that the entire scene, including the victim’s objections and resistance, were captured on film. The police have both the video and a discarded condom as evidence in what is clearly a strong case.
Bailey, who was with the Florida Department of Corrections for more than 25 years, was fired. However, this type of conduct raises the question of prior complaints or the failure to properly supervise or monitor Bailey. According to news reports, Bailey was given prior awards for his service by his supervisors.
It is hard to see a viable defense if these accounts are accurate. The only plausible defense would be a consensual relationship and later a trap set by the victim. However, parole officers are barred from having sexual relationship with parolees and the position of authority would likely undermine such a defense for a jury. That makes this a case with a high likelihood for a plea. Yet, due to the abuse of authority, prosecutors would likely demand a high level of incarceration in any plea deal.