TW: mentions of the character of William Lewis (different outcome)

Chapter Notes: Reimagined from 14x16 - Funny Valentine, 14x24 - Her Negotiation

Chapter Three

Rafael Barba

~oOo~

Rafael thinks he may actually, despite all odds, be building a tentative friendship with Detective Benson.

She drives him insane sometimes, with her stubbornness and unwillingness to let a case drop, even when the chance of a successful conviction is so low that even all of his talent may not salvage the end result. But she pushes him, challenges him, and doesn't blink at his arrogance but rather meets him head on as if to say 'now, prove your worth if you're boasting to be this good.'

She rolls her eyes when he becomes too wrapped up in grandstanding, and says things like 'Harris told us that you win cases that everybody else ducks', throwing down the gauntlet as if Rafael will be a failure in her opinion if he does anything but win the impossible. She tracks him down at his favorite restaurant, interrupting his meal with a casual 'hello' before launching into an update about the case, assuming his attention will be captured immediately by the information. Which of course it is, because Rafael is nothing if not someone who thrives off his work, something Benson — Olivia — knows too well.

It's quietly refreshing, because he never had the same rapport with any of the detectives who worked out in Brooklyn, whereas the entire team at the 1-6 seems determined to drag him into the fold, whether he wants to be there or not.

What he won't admit, even with the emergence of this budding new friendship, is that he secretly wants Olivia's approval, because no matter how much they can disagree on an approach to any case, he still respects her opinion. From that very first moment, dragging Adam Cain in front of the court, he feels a compulsion as the verdict is read out, to turn and make eye contact with her. To search for the small head nod, the sign of approval from Olivia, is something he's begun to rely on in this difficult world of special victims. Law used to be so easy for him, so black and white, so simple between right and wrong, but here she is, forcing him to question his morals. Sometimes, he needs her to act as a signpost, to ensure they're doing the right thing.

This case, though…for this case, he has a deep, gnawing pit in his stomach that they won't find a happy ending at the end of the long and torturous road. A young pop singer, desperately in love with her abusive partner, willing to throw her life away to protect him…He only hopes that she will finally sit in front of the Grand Jury and do the right thing, instead of wavering.

'I said goodnight to her at 10:00 and I posted a uni outside her door,' Olivia tells him that morning. There's a chill in the air, despite the sunshine, and they're both clutching large Starbucks coffees as they wander slowly to the courthouse.

'She seem solid?' he questions, unconvinced. Olivia's shoulder bumps into his good-naturedly as she shrugs.

'Solid, I mean…' Olivia muses. 'So far so good, right?'

Rafael hums, in a reflective mood.

'You ever been in love like that?' he asks, abruptly. He realizes, then, that despite knowing Olivia for a while now, they very rarely talk about their personal lives, too busy arguing back and forth over the specifics of the case of the week. If they are going to be friends, he wants to know more.

'Like the guy kills somebody in front of me, but he sends me flowers, so I let it slide?' Olivia scoffs, judgment in her voice. 'That's not love, that's brainwashing.'

Rafael huffs, clearly in more of a nostalgic or understanding mood than his companion.

'Yeah, I know, but...She thinks she's in love,' he argues, then decides to offer up some personal details of his own. '11th grade. Lauren Sullivan. She could have massacred my entire family. I would've looked the other way.'

Olivia is silent for a moment, her expression one of contemplation, as if she is actually considering what he's said.

'Not quite a love like that,' she says, and at his raised eyebrow, she clarifies. 'I've not been in love like that — the all-consuming, toxic mess where they create more pain than anything else. But a love where he would kill to protect me? And I would kill to protect him? Yes, that I know. I have killed to save him, I suppose…And alternatively, avoided killing, to save him too.'

They're still early for court, so as they pass a bench, Rafael gently nudges her shoulder to steer her closer. He can't help but stare slightly at the side of her face, intrigued at who and what would cause Olivia, she of strong moral code and a determination to do what is right, to speak so casually of killing someone in the name of love, or protection.

'What's the difference?' he asks interestedly, dropping down onto the seat. 'I…assume that you knew him on the job?'

It's the only thing that makes sense, in his mind — an old cop flame, perhaps.

Olivia settles beside him before answering, her legs stretched out in front of her and her head tilted back to enjoy the sun.

'It's not about control, like with Micha and Caleb,' she muses. 'We would never hurt each other intentionally, nor would we hurt others in the name of "our love". We also don't cause destruction to those around us, no matter what people may think.'

Her face darkens, as if remembering insulting words other people have called her, or them.

'He's my partner,' she continues. 'We'll always have each other's backs, no matter what.'

'He is your partner?' he probes, catching the tense. Her eyes roll in response to his nosiness.

'Yes, Mister Lawyer,' she grumbles. 'My partner, Elliot. He was…he was also my partner at SVU, for over a decade.'

Rafael smirks at this information.

'A love story for the ages, huh?' he ponders. 'Falling in love over bad coffee and murders?'

He isn't sure how she'll take the teasing, but she laughs, her face lighting up in a way he has rarely seen.

'Not quite,' she tells him. 'I mean…kinda. But he was married, you know, back when we were partners. We protected each other first and foremost on the job. We loved each other, but were we in love..? I don't think we were ever able to reflect upon it, not when there was so much at stake. His family, our careers. No, the rest of it…the romantic side, that came along afterwards.'

It's more personal than he would have expected her to share, but he's smart enough to know that it is also a test, Olivia throwing out the details to see how he'll react. Honestly, if she knew some of his questionable dating life decisions, she'd know he wouldn't be quick to judge. They'll have to have a future conversation about that…

It's nice, learning something about his new friend. Rafael takes a final sip of his coffee, its temperature noticeably cooler now he's been holding it for a while.

'I'm sure Elliot is a good man, for you to love him,' he says lightly. 'Also, a very patient man if he worked alongside you for so long…You drive me insane daily, so I can't imagine what he had to do to survive.'

Olivia glares at him, but it's fake outrage, and he can see her trying to conceal a smile before she tosses her own coffee back to drain the dregs.

'Come on,' she announces, standing up and holding out a hand. She helps lever him upright, and they continue once more to court.

The case falls to pieces, and with Olivia's warning still ringing in his ears about waiting for the inevitable, Rafael is numb when he watches the news announce the depressing discovery of Micha Green's body. Some days, this work drags him down.

It's not as if he forgets their conversation, out in the sunshine before all of this tragedy occurred. Rather, it's on to the next case, and the next, and he falls into his classic routine of being swept away by work, thriving under the pressure whilst forgetting to have an actual personal life too. Time passes, cases are won and lost, and the little moments in between are spent trying to decompress with drinks, or shoveling a hurried dinner into their faces whilst arguing over specific details of evidence.

Then he comes up against a suspect so cruel, so twisted, so used to evading justice time and time again with no true repercussions, that Rafael doesn't even recognize the potential dangers lurking from the shadows. Even as he hears the words 'mistrial', he's frustrated and upset rather than fearful at Lewis being released on bail.

Weeks later, he's still having nightmares over the 'what ifs'.

A shrill phone call pierces the night, waking him up with a start.

'Lewis broke into Liv's place,' Fin tells him without a single word of greeting, and Rafael's entire body runs cold as he sits bolt upright. 'She's fine, but get down to the precinct quickly.'

He tumbles from bed, fancy suits and colorful socks the least of his concern as he throws on a t-shirt and jacket before racing out of the door. There's a vicious voice in the back of his mind, sounding eerily like his father, whispering that it is all his fault Lewis is out of jail in the first place. If only he had managed to avoid the mistrial…

He's a whirlwind as he enters the precinct, not slowing down until he catches sight of Olivia herself. She's standing by the interrogation room, peering through the window with her arms wrapped tightly around her waist. Her frame is engulfed in a large hoodie, and she looks as if she had only just emerged from sleep herself, her hair tied messily up in a ponytail. It's the most dressed down he's ever seen her, and also the most tired, with a bone-deep weariness etched into her face. A man that Rafael doesn't recognize is standing close behind her, one hand on her back as he glares through the window himself.

'Liv!' Rafael calls, and the rampaging fear and anxiety fueling his every move dies down only when she turns in his direction.

'Barba, it's alright,' she says, catching sight of his face. 'I'm alright. I wasn't even home.'

The man behind her grunts.

'It's not alright,' he mutters. 'That bastard could have tortured and killed you. What, you couldn't get him locked up for all the other endless crimes he's committed? Had to wait until his sight was set on Liv?'

Rafael realizes the man is talking to him, and puffs up, all sense of self-recrimination fleeing his thoughts in the face of this man's accusations.

'I did what I could,' he snaps, his anger getting the best of him. 'It's not my fault that—'

'El,' Olivia says, twisting her head slightly. 'Rafa…please, don't. Not tonight.'

Rafael deflates at her words, and the man — El — turns his attention immediately back to her, his expression contrite. His hand slides from her back to her waist, where his fingers tighten their grip, as if to ground her…or maybe himself.

It's this movement that has Rafael connecting the dots.

'Elliot, the partner,' he muses. Elliot's blue gaze meets his. 'I would say nice to meet you, but…considering the circumstances.'

'Barba, heard lots about you,' Elliot offers. 'Not all bad.'

Olivia's lips twitch minutely, before her focus fixates back on the window again, and this time Rafael steps up to join them. William Lewis sits within, his lawyer by his side, looking as if he has no care in the world as Nick and Amanda circle the table.

'He was spotted trying to leave by my neighbor,' Olivia says quietly. 'She called the cops, and they managed to catch him within minutes of him escaping my building. He didn't have time to dump some of the items he had planned to use. Duct tape, alcohol, strong medication, a blow torch…my stove was still warm with the pan and a hanger.'

Rafael feels sick even considering how Lewis had planned to use any of those things.

'The neighbor?' he asks roughly, his mouth dry. 'She's credible, a good witness? We have to nail him with this one, there's no alternative.'

It's Elliot who gestures to another interview room.

'She's credible,' he says with conviction, and Rafael remembers he used to be a detective too - or perhaps he still is, just not at the 1-6. 'Fin is talking to her now.'

The witness turns out to be a friendly-looking woman in her 70s, who beams up at the group when they enter the room.

'Olivia dear! I was telling this lovely gentleman what I saw,' she says, with a regal gesture towards Fin. Rafael slides into the seat opposite her, leaning closer.

'Rafael Barba, Assistant District Attorney,' he introduces himself. 'Could you tell me too, please?'

'Flora,' Olivia's neighbor says with a sniff. 'Pleasure to meet you. And of course I can. I was taking Muffin out for a late night pee — that's my Bichon Frisé you know, my little angel. She needs several walkies a day, and we can't go to bed before we both have our nightly nose powdering…'

Rafael nods impatiently, mentally urging her to speed along. Flora's eyes narrow, as if she can hear his thoughts, but thankfully gets back on track.

'Then I saw this man climbing out onto the fire escape from Olivia's apartment, and I thought well now, that can't be right at all. She would always use the front door, and besides…He wasn't the nice, helpful man that Olivia always has staying over.'

Olivia has a dusting of pink across her cheeks at that description, but more amusing for Rafael are the red blotches spreading up the back of Elliot's neck when Flora sends him a suggestive wink.

'Anyway, I called up the police, waited until I could see his face coming out of the alley and described everything I saw! Including the direction he went afterwards.'

It's a break — a lucky break — in a case that could have been the start of a nightmare for Olivia, for them all. Instead, Rafael breathes a sigh of relief when they leave Fin to continue his questioning.

'I'm guessing you were with Elliot, when all of this went down?' he pushes, looking back and forth between the two of them. Olivia's hand sneaks out to grasp onto Elliot's, and Rafael pretends he doesn't see the shudder run through her body as she reflects upon her narrow escape.

'Yes, I was staying at his apartment,' Olivia says. 'I went there directly from work, and we were together for the rest of the evening.'

They've migrated slowly back towards the interrogation room, where Nick and Amanda are still playing bad cop, bad cop. When Olivia's phone rings, she excuses herself, although Elliot seems reluctant to let her walk away.

'It's Cragen,' she explains, phone already up to her ear. 'He should be on his way into the precinct by now.'

Left to their own devices, the two men fall silent, Elliot shuffling closer to the window as if his glare could laser a hole through the glass and hit Lewis directly in the chest.

Rafael eyes him, tempted to test something.

'What would you have done?' he asks, and when Elliot looks back at him with a frown, he widens his eyes innocently. 'If you had decided to stay at Olivia's instead. What would you have done, if Lewis broke in?'

'Killed him,' Elliot growls. There is no hesitation, merely an instinctual response. Rafael steps closer, though he shifts his gaze back to the activities unfolding inside the interrogation room so as to not directly confront Elliot's glare.

'Well, I guess this is the much better outcome,' he muses, one finger pressed against the glass. 'Though, if you do ever kill someone to protect her, make sure you dispose of the body properly. I don't want to be defending you and then having the evidence dug up again.'

Elliot snorts, half in surprise, half in amusement.

'I thought you were for prosecution, not defense,' he demands. 'Besides, you don't even know me.'

Rafael shrugs.

'I know Olivia,' he says. 'She already said she'd kill for you, and I assumed you would do the same. So…I figure if I need to have her back, I should have yours too. Though let's stick to legal routes preferably, please. I'm going to throw Lewis in jail for this so fast that his head will spin.'

Elliot emits a grunt of approval.

'You'd better,' he says, in a dark tone. 'I'm not letting Lewis anywhere near Olivia again.'

On that point, Rafael can agree wholeheartedly.

'Did I miss anything important?' Olivia interrupts them, returning from her call.

Rafael hesitates, but Elliot simply holds out his hand until Olivia is again by his side.

'No, nothing important,' he promises. When Rafael glances across at him, Elliot simply nods, a shared understanding between them.