Perez v. State

*668OPINION OF THE COURT

Alan C. Marin, J.

This is the decision following the liability trial of Jeanette Perez’s claim against the State of New York that while incarcerated in Bayview Correctional Facility, Correction Officer Peter Zawislak had sex with her on multiple occasions. Sexual encounters between a correction officer and an inmate cannot be consensual (Penal Law § 130.05 [3] [e]).

The parties do not dispute that sex between the two occurred.1 Officer Zawislak pleaded guilty to rape in the third degree and was sentenced to one to three years’ imprisonment (claimant’s exhibit 6). Further,…