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Trooper shouldn’t have been canned for sex with victim, Supreme Court says

By KTVA CBS 11 News 3:41 PM May 8, 2014

The Alaska Supreme Court upheld a decision that a former state trooper who had consensual sex with a domestic violence victim the morning after he assisted in the arrest of her husband should not have been fired.

The trooper, whose name has not been released to protect the victim’s privacy, was fired in 2009 — less than two months after he started his position as an Alaska State Trooper.

In a 3-2 opinion issued last Friday, the Supreme Court upheld results of a 2010 arbitration that the trooper be reinstated with back pay.

In court documents, the justices in the majority said if they were deciding the case they likely would have ruled the state had just cause to fire the trooper.

“Engaging in sexual conduct with a victim shortly after responding to her call for help, even if consensual, is inappropriate behavior for a state trooper,” the justices wrote in a decision.

However, there isn’t a zero-tolerance policy in place in Alaska to fire someone for off-duty sex with a crime victim.

The trooper lost his certification in a separate process in 2011 and isn’t with the agency anymore.

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