He'd just gotten out of his last meeting for the day when he'd gotten called down to the precinct regarding the Markeevious debacle. Apparently the 16th's SVU had managed to snatch a tie out of the jaws of defeat.
"I've been contacted by two other women Markeevious raped," Olivia informed him once he reached the center of the squad room.
"Here in New York?" he inquired.
"Occurred out of state, but goes to pattern," she explained. "They're both here."
He raised an eyebrow. "They drove all the way down here?"
"They both currently live in state," she said.
He nodded, following her towards the interrogation rooms, where he watched from outside with the captain as the two women were interviewed.
"I was his masseuse for about a month," the first victim, Ariana Lopez, explained. "One night, in his hotel room, he grabbed my breast. Flipped into rape mode."
"'Rape mode'?" Rollins questioned.
"His face became like an empty mask," the woman said. "He threw me against the wall, on the floor, climbed on top of me, forced himself on me. I grew up with four older brothers. I've been holding my own since I was six. I'm tough. But with Markeevious, I couldn't do a goddamn thing. Will I be here long? I'm on a lunch break. Bed Bath & Beyond. Just until I figure out what to do with my life."
The interview went on a bit longer, and they switched their attention to the second interview with the second victim, Jan Erickson.
"I was a sports journalist before I was assaulted," the woman explained.
"Why don't you tell me what happened to you?" Carisi suggested.
"I had lucked into an interview with Markeevious in his hotel room," she said. "I was excited. But I could tell he wasn't taking me seriously. He kept asking if I had a boyfriend. He touched my breast. I pushed him away. He grabbed me. His face was blank. He assaulted me."
"Did you tell anyone?" Carisi asked. "Or go to the police?"
"No. I went home and took a bath," she admitted. "I can't even watch sports anymore. I feel like I'm running away in my head as fast as I can, like something ugly is chasing me. It's me. An ugly me."
That interview didn't go on much longer and Rafael wracked his brain for the best way to use the little information they had gained.
"So two prior victims of Markeevious with the same MO that Monica described," Rafael said, eyeing them as he spoke.
Tamin looked at him. "Can they testify?"
"It's a jump ball," Carisi said.
"He's right," Rafael said. "Under the Molineux Rule, prior bad acts are not admissible to show propensity to commit a crime."
"But they are if they show pattern," Olivia pointed out.
"True," he agreed easily, "but neither of these women filed a police report. The defence will argue collusion."
"Monica did file," Olivia said pointedly, slightly irritated with Rafael. "And until we arrest Markeevious, we're saying that her word isn't good enough."
He sighed. "Will Donahue testify?"
Rollins frowned. "He still doesn't think it's a 'real rape.'"
"I'll subpoena him then," Rafael said without preamble. "I need his testimony, whether or not he considers it possible to rape a sex worker." He glanced at Olivia. "I'll get you your arrest warrant and request a Molineux hearing." He looked at them all, but eyes lingered pointedly on Olivia. "In the meantime, and I'm dead serious here, let's get Monica to see you as advocates. And out of the press and away from the paint." He rolled his eyes. "I don't need any more billboards."
"Got it," Carisi chirped.
"Liv?" He gave her a pointed look. I'm serious.
She nodded. "I am aware she's unpredictable."
"Good." And with that, he walked away, pulling out his phone to make a call, hoping to get a hearing booked sooner rather than later.
He then spent the next few hours managing his other files and dealing with some missed work calls and emails.
Olivia and himself got home within fifteen minutes each of the other, and they chatted with Lucy for a while before inviting her to stay for dinner.
The young woman agreed enthusiastically and Olivia ordered pizza while Rafael brought out board games, the group spending the night relaxing, chatting amicably, and playing different games, putting Sofía to bed about halfway through the evening.
They then all said their goodbyes and Olivia read a bedtime story to Noah before Rafael went it to say goodnight as well, the couple turning a movie on in their bedroom and falling asleep halfway through.
They woke up little after six o'clock, had a quick shower, and then Rafael made breakfast and threw on a pot of coffee while Olivia made sure that Sofía and Noah were ready for the day. He quickly ate and ran to the courthouse, leaving Olivia to drop Noah off at school. He had managed to get one of the first free slots that day with Judge Roshan Namazi, and had no intention whatsoever of being late for it.
"Your Honour, pursuant to People v. Molineux, the State seeks to include evidence of two prior rapes that were committed by the defendant," he stated. "One of which occurred in 2018 and the other in 2016."
"I've read your brief, Mr. Barba," the judge said. "Neither woman filed a report?"
"Not at the time," he admitted, "but they have gone on record. The assaults described go to modus operandi. There are consistent details in all three victims' accounts."
"Your Honour," Barth said, "these women are only coming forward now. Obviously, they're seeking publicity."
"Your Honour, the defence can cross on motive," Rafael said. "These women have nothing to gain. Initially, they were afraid to make an accusation against a powerful celebrity." He gave her a pointed look. "Moreover, these testimonies are needed to show intent-"
Counsellor Barth rolled her eyes. "And are more probative than prejudicial."
"No," he said. "They are highly probative. These are crucial to not only proving intent but to establish the absence of a mistake. A common scheme."
The defence attorney was now visibly irritated. "They are unsubstantiated."
"It is not unusual for victims of rape and sexual assault to fail to come forward immediately," he said. "The stigma attached, the -"
Judge Namazi sighed. "As sympathetic as I am to the many reasons a rape victim may not be willing to come forward, these statements are unsubstantiated. Mr. Barba, I'm excluding these witnesses."
"Thank you, Your Honour," Barth said, a self-satisfied smile on her face.
The judge nodded and banged the gavel. "The court is in recess."
Closing up the open manila folder, he put it in his briefcase and made his way out of the courtroom. He wracked his brain, strategizing, all the way to his office.
If and when this went to trial, Barth wasn't likely to let her client take the stand, a move that had blown up Rafael's cases before.
A 'he said, she said' with only one side of the story, a side that was discredited every step of the way? That was a recipe for disaster.