Law & Order Special Victims Unit s14e18 Episode Script
Legitimate Rape
In the criminal justice system, sexually based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
Talk about July 4th fireworks.
A great day for Chicago baseball.
A day of wall-to-wall goose eggs for New York.
Our very own Avery Jordan's in the windy city with bad boy Andy Copeland.
Ready, Chicago feed.
Ten seconds, nine Avery, Avery! Give me that Avery Jordan smile.
- Five, four - Hey, check this out.
Three, two, and So Andy, the imperfect man has thrown the perfect game.
How do you feel? I feel like making it a perfect night.
What are you doing later, babe? - And how about the game, Andy? - How about a kiss? Come on.
Just a little bit of sugar? Come on, give me a little.
Mayday.
Toss back.
Toss home.
And we're back to New York with you, Jason.
Welcome back.
And while Andy Copeland takes a cold shower, we'll flip on over to Houston.
Avery Jordan? Hi.
I'm Detective Olivia Benson.
Hi.
A colleague gave me your number.
Um, thanks for meeting me here.
I didn't want to get photographed walking into the precinct.
I certainly understand.
So you said on the phone that something happened to you.
Yeah, but I'm not sure that I want to-- or even if you think it's worth-- Pressing charges? Okay, one step at a time.
So why don't you start by telling me why you called? I was I was in my home and somebody that I know attacked me.
Okay, so it was a sexual assault.
Yes.
And when did this happen? I should have called sooner.
It was--I was traveling for work.
It was a month ago.
Did you tell anyone else about this at the time? No.
- I think I was-- - No way! Avery Jordan.
Dude, I told you that was her.
- Fellas, if you don't mind.
- Totally get it.
Just one quick picture, 'cause the guys in the office are not gonna-- Excuse me, we need a minute, thank you.
You know what, though? We're just wrapping up.
- I have to get back to work.
- Hold on, are you sure? We--we just started.
Yeah, my boss is texting me.
But I'll call you.
Okay, uh, please do.
Let me give you my cell phone.
- Call me anytime.
- Okay.
So you guys think the Yankees are gonna make it to the play-offs? - I think so.
- I hope so.
Dude, will you take a picture of us? Yeah, sure.
Yeah, I know.
Lately, it's five minutes on the treadmill, and I'm wiped.
Let--let me call you back.
Why don't you go and have a seat right there.
I know I seem paranoid.
Um sorry.
No, we get it: You're in the public eye.
But you're safe here.
Have a seat.
What's going on? So he's stalking me.
He's been calling me, saying that he wants to see me.
He went to my apartment when I wasn't there, and he left a note.
This is the man who assaulted you? Rick Purcell, my cameraman.
Okay, have you told your employers about this? - Anyone at HR? - No.
Look I can't go to HR.
I can't go to anybody there.
I-I'm a professional.
I can always do my job.
I just need an out-of-work-hours restraining order.
It doesn't work that way.
If he's stalking you-- No, can you just talk to him and tell him to leave me alone and stop calling me? Have you told him that? I'm trying to be polite.
I still have to work with him.
- He's a good cameraman.
- Whoa, whoa.
So you've been polite for six weeks.
Avery, he might be imagining a relationship.
There's no relationship.
Well, he crossed a line, and you pretended that nothing happened, so, I mean, he could be telling himself that you're okay with it.
Avery, if you want us to help you, you need to tell us every single thing that happened.
Okay, now you said that this happened in your apartment.
How did he get in? We were coming home from a road trip.
He dropped me off, and he helped me upstairs with my bags.
And then what happened? I thanked him.
I said that I was tired.
He headed towards the door.
I thought that he had left, so I went to take a shower.
And when I came out of the shower, he was just standing there.
He tried to kiss me.
I said that I was tired and that he needed to go.
But he pushed me onto the bed, and he raped me.
Did you scream? Say no? No.
No, I just froze.
I-- Okay.
And you said that you haven't told anyone about this? No, so--there's no point in this anyway.
- Well, hold on.
- Hey, we can still make a case.
- He use a condom? - No.
That's why I went to my doctor the next day, and I got tested for STDs.
Your doctor examined you? That might be very helpful.
Do you still have the sheets, the bedspread? Yes.
Avery Jordan.
Is she the one that wears those tight white jeans on the sideline? No, Fin, that's someone else.
And beside the point.
Well, this is gonna be high-profile.
I wanna be kept in the loop.
Another bad-boy athlete? Great: An MVP-said, she-said.
Actually, it wasn't a jock.
It was her cameraman, and it happened in her condo after Fourth of July weekend.
Six weeks ago.
Please tell me she disclosed to somebody at that time.
No, but she did see her doctor, and we're checking her bedding for DNA.
Even if we do find anything, that doesn't preclude consent.
Look, she came forward reluctantly, because the guy started to stalk her.
I mean, there's nothing in it for her.
Well, let's corroborate that.
Clone her cell phone.
Check for recent texts, voice-mail calls.
The cameraman.
What's his pedigree? Richard Purcell.
Single.
Been at Sports & Events Network ten years.
Other than some speeding tickets, he's clean.
Even has a law degree from Fordham.
- Did he ever practice? - Nah, he never took the bar.
All right, go after him hard.
But this is gonna be an uphill case.
Especially if Mr.
Purcell knows the law.
Fin, Rollins, keep that in mind when you talk to him.
Avery said I raped her? We've known each other for years.
She invited me up.
So you were in her apartment? I helped put her bags in her room.
What, and then she just jumped into bed? No, she took a shower first.
You and her ever been intimate before? Well, you know how these work things go.
Long hours, there's always an unspoken attraction.
Yeah, that's not really how she tells it.
We've been working together since we hooked up.
Travel together, dinner with the crew.
Wait.
She's just bringing this up now? Oh, I get it.
- He must have found out.
- He? Who's that? It's above my pay grade.
I could get in a lot of trouble with my producers here.
Yeah, you're in trouble with the NYPD here, so Okay.
But you did not get this from me.
Avery and I slept together.
But she's also having an affair with one of the network anchors.
Yeah? This anchor, he got a name? I've said too much.
Rick said that I'm having an affair? Yeah, basically that your lover found out, got jealous, and Rick got caught in the crossfire.
That's ridiculous.
If you're sleeping with somebody else, we need to know.
What difference does it make? - Rick raped me.
- It affects the case, Avery.
Now the lab found semen from two different men on your bedspread.
Look, he has a wife Kids.
- This will ruin both of us.
- Rick's clever.
He's already using the affair to create reasonable doubt.
That's not all he's doing.
Remember I told you about the note? He also sent this.
The other man-- we need his name.
You'll recognize him.
Avery spoke to me.
What did she say? She said that that creep Purcell had found out about us and was blackmailing her.
That's all she said? Did she ever talk to you about Purcell before? About what? I mean, you don't notice the cameraman unless he screws up.
She wasn't friendly with him? She was good with the crew, you know.
It's part of the job.
Uh, listen, is there any way you can get him to stop without this becoming public? He's already come after her.
He's gonna come after you too.
I think he already has.
I know this is hard to watch, but there was a camera in your hotel room.
It goes on from here.
Stop it, please.
Rick sent this to Jason? Why? What does he want? Well, so far, he hasn't asked Jason for money.
Jason got this video anonymously two weeks ago.
That explains it.
Jason called things off on the last road trip.
Okay, so Rick thinks he got what he wanted: To have you to himself.
I don't want to press charges.
I just want to destroy this tape.
If we can tie this to Purcell, - it's proof he's stalking you.
- If? He's a cameraman.
Who else would do something like this? So he did have access to your hotel room? Yeah.
He would bring coffees upstairs, he would put my bags in the room.
Oh, my God.
He probably has copies.
If you'll agree to press charges, we can get a warrant for his computer, his home, his office.
This video was taken before the rape, right? Yes.
What does that have to do with anything? It speaks to an escalating pattern of obsession and harassment.
If we can tie him to the stalking, it'll make the case for rape that much stronger.
It also makes it more difficult for the defense to claim that it was consensual.
Consensual? I had bruises.
The defense will say you liked it rough.
A single woman on the road with mostly men.
And they're not just gonna ask about Jason.
They'll use anything they can.
- It was just Jason.
- Really.
Are you sure? No more surprises? Avery, guys like Rick, they don't stop, until you stop them.
I get it.
No more surprises.
All right.
I've got enough to issue a warrant.
Ms.
Jordan, after we pick him up, even though, in theory, rape shield will protect you, this is gonna hit the press.
No.
The network has a PR team.
Tell them to figure out how to spin this.
- Rick Purcell.
- What now? You're under arrest for stalking and rape.
You gotta be kidding me.
Avery? I see her every day.
Won't be seeing her anymore.
ADA Barba charged Purcell with rape in the first, and aggravated stalking.
- Is he out? - No.
The judge set a very high bail.
He will stay in jail until the trial.
You okay? Yeah, I've just been lightheaded and nauseous lately.
I think it's probably the stress.
Okay, could be, but You got a pregnancy test, right? No, I can't get pregnant.
That's why ex and I got a divorce.
Okay, well, sometimes things change.
Uh when was the last time you had sex with Jason? He had a vasectomy.
You know, the rape was eight weeks ago.
You're not late, are you? Avery.
It is possible that you got pregnant.
I can't.
I can't be pregnant with his baby.
- How are you feeling? - A little nervous.
I didn't think I'd be showing this much by the time we got to trial.
Don't try to hide it.
They'll really lose the jury if they come after you.
Ms.
Jordan did disclose to me six weeks after the rape.
But in my experience, it can take survivors years to come forward.
And given her complications, I can certainly understand why.
How so? Mr.
Purcell was a coworker.
Ms.
Jordan has a very high public profile, and she knew that by coming forward it could damage her reputation and that of others.
And yet, she came forward anyway.
Yes, at great cost.
She's had to step down from her job, she's dealt with horrible breaches of privacy, including the public's knowledge that she became pregnant by a rape.
Why do you think she's endured all of this? Because she doesn't want Mr.
Purcell to get away with what he did to her.
Move to strike, speculation.
Your Honor, I'm asking the detective's opinion based on her 14 years of experience with sex crimes.
Overruled.
Are there any other reasons you believed Ms.
Jordan's story that the sex was not consensual? The fact that Mr.
Purcell was stalking her and sending threatening messages.
Purcell sent her videos and pictures he'd taken of her from hidden cameras.
How do you know they came from him? We found copies of the same images on his computer's hard drive.
The defense isn't putting up much of a fight.
Let's get Jason Hollis up now.
He's a reluctant witness.
He's just getting back to work after being suspended.
He told us he barely patched up his marriage to the model.
Not my problem.
I want him on the stand.
Tomorrow.
I'm sorry.
I care about Avery, but my wife's almost forgiven me.
I can't take the stand.
I used to be a big fan of yours.
I actually won a fortune on you in game seven.
Bottom of the ninth, two outs, and you hit the walk-off against Mariano and You can't step up for Avery right now? Please, I just want things to be the way they were.
It's too late, Jason.
And here's something you can count on: If we don't call you, the defense will.
How long were you and Ms.
Jordan engaged in an extramarital affair? About a year and a half, on and off.
- Mm-hmm.
- I'm not proud of it.
My wife deserves better, and so does Avery.
Why did you end the relationship? I was sent a video of me and Avery together, and I found out later, it came from Rick Purcell.
Did he attempt to blackmail you? No.
So why do you think you were sent the video? Objection.
Speculation.
Uh, take it easy.
Counselor, everything all right? Yes, Your Honor.
I'll rephrase.
Did you take any action after you received the video? Yes, I told Avery that we needed to stop seeing each other.
- You felt threatened? - I was furious.
He was spying on us in Avery's hotel room.
- Sick bastard.
- Mr.
Hollis.
Not to mention, I found out what else he'd done to her.
- So what else had he done? - Your Honor, may I approach? Ordinarily, your counsel would request that, Mr.
Purcell.
This is an urgent matter that needs to be immediately discussed.
We'll take a recess.
Counselors, in chambers.
Now.
Mr.
Purcell, this is very unusual.
Your Honor, replacing counsel at this point puts an undue burden on Ms.
Jordan.
I either replace counsel or you need to call a mistrial.
My lawyer, despite sharing my good looks, has been completely derelict in his duties.
Rick, you need to think about this.
You performed a barely credible cross with the SVU detectives.
And you've conducted yourself like a drooling fan with Jason Hollis.
- I'm not sure I agree.
- Nor do I.
Your Honor, there's been countless issues of facts which he failed to address.
The alleged victim is eight months pregnant with your child.
You want me to come out guns blazing? It won't help your case.
I'm entitled to a defense, not an apology.
Your Honor, if he won't fight for me, he needs to get out of my way.
What's going on? Purcell wants a change of counsel.
That son of a bitch is just trying to drag this out.
Avery, the judge agreed to let him represent himself.
- What? - Starting tomorrow.
Legally, he has that right.
So he can question me? Ask me anything he wants? Not anything.
And I will be there making objections.
No.
First he rapes me, and now he gets to interrogate me in front of everybody.
He can't do this, can he? He can't.
Mr.
Purcell, are you ready to proceed with your cross-examination? Yes, Your Honor.
Mr.
Hollis, you testified that your affair with Avery Jordan was on and off.
When it was on, did you and your wife ever socialize with Avery? A few times.
And did Avery ever do or say anything to lead your wife to suspect the affair? No.
So you would say that Avery Jordan is skilled in the art of deception.
- Objection.
- Withdrawn.
Mr.
Hollis, you've helped Avery professionally, haven't you? That's not why she's a success.
Have you ever recommended her for choice assignments if it put you two on the road together? Yes.
Did it ever occur to you that the only reason Avery is with you is because you helped her career? She's not like that.
I could do nothing for her except love her.
Isn't that why she was with me? - Objection.
- Sustained.
She was never with you.
Oh, but she is having my baby.
So the evidence shows otherwise.
- Objection.
- Mr.
Purcell, that'll do.
Withdrawn.
I have nothing further for this witness.
But I would like to recall Detective Benson to the stand.
Detective, in your 14 years with SVU, have you always found the complainant to be truthful? Not always, but-- You've arrested hundreds of rapists, correct? That sounds about right.
Has that colored your thinking? - Objection.
- Overruled.
I'm going to allow Mr.
Purcell a little leeway here but ask him to make his questions more specific.
I do my job.
How many innocent men have your brought to trial? Only one.
And when I found out, I fought for his release.
But all the, what, hundreds of others-- if you thought they were guilty, they were? Men, they're all rapists, right? Objection, argumentative and ridiculous.
Sustained.
- Do you hate men? - Objection.
When was the last time you were in a relationship? - Objection! - Sustained.
Detective How often have you seen an actual rape victim become pregnant and decide to keep the baby? It happens.
Like convicting innocent men happens.
- Objection.
- Withdrawn.
You testified that Avery did not get a rape kit.
But she got a medical exam that showed trauma consistent with sexual assault.
Detective, yes-or-no answers.
In your experience, is it possible that this kind of trauma can occur after a honeymoon or a couple's weekend in Atlantic City? - Objection.
- Mr.
Purcell.
I'll rephrase.
Is it possible that this trauma could have been caused by consensual sex? It's possible.
Are you aware that there's been testimony in this case that a second man's DNA has been found on Ms.
Jordan's bedspread? Yes.
And there's no way to differentiate samples from a consensual encounter and a rape, is there? No.
Thank you.
I have no further questions.
After he was finished, he asked me if he could stay.
And how did you respond? I was crying.
I was terrified.
He said, "You're crying now.
One day you'll realize that this is the best sex you ever had.
" Thank you, Ms.
Jordan.
Uh, the photos that the jury has already seen were sent to you after the rape? He slid the photos underneath my door with a menacing note, and I realized that he was stalking me.
- That's when I went to SVU.
- We're almost finished.
But this next question is deeply personal.
Can you tell the jury why you decided to keep a baby who was conceived in rape? I had previously had been told that I could never have a child of my own.
When I first found out that I was pregnant, I felt like he was still violating me.
- Objection.
- Overruled.
It's relevant.
But he's my baby.
Every time that I feel him kick, I know that he's a fighter, like me.
That he's a survivor.
Thank you, Ms.
Jordan.
Your Honor, could we take a break? I feel a little-- Do you want a short recess? Actually, Your Honor, it's been a long day for Avery.
If it please the court, I request permission to recall this witness at a later time.
Perhaps after I call my expert.
Again, Your Honor, I'd request a frye hearing to determine the validity of this expert.
As I already ruled in chambers, we're allowing it.
And Mr.
Purcell I've given you latitude already.
Don't abuse it.
'Scuse me.
So, wait, you think maybe this means he won't call me to the stand? Oh, no, he will.
He just wants you to lose sleep wondering when.
You did great up there.
The more they get to know him, the less the jury likes him.
Let's get you out of here.
Detectives! Hey, Counselor.
- What's up? - You mean "Who's up?" Congressman Fritz Showalter.
He's Purcell's so-called expert.
Showalter's the one that tried to criminalize abortion after rape, 'cause it's tampering with evidence.
Clown's a crackpot.
He's also a practicing obstetrician, and he's had a few articles published in some fringe medical journals.
- What do you want to do? - Get me something.
By tomorrow.
Congressman.
Or should I call you doctor? Either.
I have been a doctor for over 40 years.
And you published in the Journal Of Clinical Obstetrics.
You paid for this trip yourself.
Can you tell the jury why? This case raises issues I feel strongly about: Legitimate rape and women who make false accusations.
Can you elaborate? Many of my medical colleagues won't admit it, but in my experience, it's nearly impossible for a victim of legitimate rape to become pregnant.
Objection.
Again, without the benefit of a frye hearing-- Your objection has been noted, Mr.
Barba.
And the jury will note that this witness is offering an opinion based on his medical experience.
And why, doctor, in your opinion, is it impossible for a victim of an actual rape to get pregnant? The body has a mechanism for shutting down ovulation in response to stress.
And if a pregnant woman came to your office claiming that she had been raped, your response would be? I would tell her, "Honey, if you need to lie to yourself "or your family, okay.
"But don't lie to Doc Showalter.
Or the lord.
" Thank you, doctor.
Congressman When did you last publish in the Journal Of Clinical Obstetrics? - I don't actually recall.
- Let me refresh your memory.
- 1974.
Does that sound right? - About right.
Are you aware that, since then, there has been extensive research that shows that women who have been raped are just as likely to get pregnant as women who have consensual sex? Female anatomy hasn't changed, Mr.
Barba.
Many studies show it's harder to conceive under stress.
But those studies refer to long-term stress, - not rape, correct? - Well, yes.
Congressman, during your testimony you referred to "legitimate rape.
" Does this term appear in any recognized medical textbook? I s-speak from my experience as a doctor.
But you haven't practiced in 12 years.
Does this have anything to do with your being censured for inappropriate behavior by your clinic in Kentucky? - Objection.
- Sit down, Mr.
Purcell.
Dr.
Showalter, answer the question.
I'm not at liberty to discuss that.
Because you signed a mutually binding nondisclosure agreement? Thank you.
No further questions.
Your Honor, I'd like to recall Avery Jordan.
I'm ready to cross-examine her.
How are you, Avery? I hope you're feeling up to this.
Objection.
Your Honor Please instruct Mr.
Purcell to refrain from calling the witness by her first name.
Sustained.
Understood, Mr.
Purcell? Forgive me, Your Honor.
Avery--I mean "Ms.
Jordan.
" I'm sorry, it's hard, because we know each other, right? Yes.
We've worked together for five years.
We've traveled together, we've stayed in adjoining hotel rooms.
- Is that correct? - When it was necessary.
Your Honor, would you please direct the witness to answer yes or no? Ms.
Jordan.
Yes, we stayed in adjoining rooms.
And we've had many a late-night conversation, discussed many things? I would say "some," not "many.
" And you've spoken to me frankly about the intimate details of your life, like your desire to have a baby? - I don't remember that.
- Objection, Your Honor.
This line of questioning amounts to harassment.
Overruled.
He can ask about conversations he was a part of.
So you do recall telling me the main reason your marriage broke up was your inability to conceive? I might have said that at one point.
On the night in question, you invited me into your apartment, didn't you? You offered to help bring up my-- You asked me to come up, did you not? Yes.
You took off your clothes while I was still in the apartment, didn't you? I thought you had let yourself out.
I saw the door close.
And where were you after I left? I went to take a shower.
Yeah.
A shower.
Right.
You invited me into that shower, didn't you? No.
And then you told me not to use a condom because you wanted to try one more time to get pregnant.
You said that you wanted to feel me inside you.
- Objection.
Hearsay.
- Sustained.
Mr.
Purcell.
Withdrawn.
Ms.
Jordan, after the alleged assault, you didn't call the police, you didn't report me to Human Resources.
Why not? I was afraid.
You were afraid if the bosses found out about your affairs that you would be fired.
Objection.
Calls for conjecture.
Sustained.
Mr.
Purcell, move on.
Ms.
Jordan Don't you think if somebody was raped - they would hate their assailant? - I do.
I hate you.
- Your Honor-- - Mr.
Purcell, please step back.
You sit there before me carrying our child.
He's mine, not yours! You had a DNA test.
Can you tell the jury who that baby's father is? You are not the father, you're the rapist! That is not an answer.
Did those tests prove that I'm the baby's father? - Ms.
Jordan.
- Yes.
Biological, yes.
So you always wanted a child, didn't you? Yes.
And I gave you the child you always wanted.
- Objection.
- Step back, Mr.
Purcell.
I got nothing further.
They've been in there for two days.
Why is the jury taking so long? That's what juries do.
They asked to hear that congressman's testimony read back.
- Why? - It could be good news.
After our counselor here was done with him, he was completely discredited.
They're back.
This is your verdict? On the charge of rape, first degree, how do you find? Not guilty, Your Honor.
On the charge of stalking? Guilty, Your Honor.
The defendant is released, pending sentencing.
Excuse me.
Can you tell me what happened in that jury room? We felt bad for her.
But - The case had a lot of holes.
- Uh-huh.
There was this one juror, she bought the "legitimate rape" argument.
She wasn't gonna give in on that.
So all everyone could agree on was the stalking.
You cut a deal.
- Yeah.
- Thank you.
- He's not gonna stop.
- It's okay, Avery.
You gotta take it easy, okay? Just breathe.
- Ooh.
- There you go.
Oh, I feel sick.
No.
Oh, no, no, no, no.
No, no, no.
Okay, all right, Avery.
So your water broke.
Let's get you to the hospital, okay? There you go.
Hey.
Now a good time? Detective Benson, come in.
This is Theo.
Wow.
He's, uh He's beautiful.
He is, isn't he? And healthy.
Even at six weeks early.
Thank you.
How are you feeling? Exhausted.
But happy.
I think it's lucky that he came early.
Took my mind off the verdict.
I thought that maybe I would see my baby and think about what happened.
But I didn't.
Theo's his own person.
- Avery Jordan? - Yes.
- The nurse was just here.
- I know.
You've been served.
What is that? He can't do this.
Rick's suing for custody? Let me see that.
You're telling me that a rapist can sue for custody? Yeah, he can.
In 31 states.
I've seen it used in acquaintance rape cases just to get the victim to drop charges.
And they call that law? In Boston, a convicted rapist sued for custody rights to a child he fathered with a 14-year-old girl.
- This is New York.
- Yeah? Well, there's no law on the books at all.
More to the point, Purcell wasn't convicted of rape.
He only got time served on the stalking.
State says he's rehabilitated.
Meanwhile, she's been decompensating.
And since the trial started, she hasn't been able to work, she's battling depression, she's under psychiatric care.
Which only serves to bolster his case.
She's still got a three-year order of protection against him.
We'll follow Rick until he screws up, - and then we nail him.
- What about Avery? This was always a lousy criminal case.
Now it's a civil one.
She needs a good lawyer.
I know who to call.
According to the caseworker's report, you've been raising our child alone.
Yes.
And you haven't worked since October.
I haven't been able to because of what you did to me.
Your Honor? Ms.
Jordan, just answer yes or no.
No.
And since the birth of our son, you've been seeing a psychiatrist? Yes.
And did he prescribe antidepressants? Objection.
Beyond the scope.
I'm afraid not, Ms.
Calhoun.
Ms.
Jordan, please answer.
I have prescriptions for antidepressants and anti-anxiety drugs.
Are you on those drugs now? I've been diagnosed with post-traumatic stress disorder.
So yes.
So you intend to raise our child on your own while sitting at home, unemployed, taking psychoactive drugs? Don't act like I'm crazy and you're the sane one! You did this to me! You raped me.
You destroyed my life.
Your Honor, I ask that you disregard that last outburst.
I was acquitted of rape.
Just proceed.
So you think you can take care of my son? Avery.
I mean, Ms.
Jordan.
Have you looked in the mirror lately? Single motherhood doesn't agree with you.
You can't even take care of yourself.
- Objection.
- Withdrawn.
I have nothing further.
Ms.
Jordan, would you like a break? No.
Have you recently taken your baby for a checkup? Yes.
And how is he doing? Theo's in perfect health.
He's eating and sleeping well.
So despite the trauma that you have been through, you are able to raise and care for your child? Yes.
He's all I've ever wanted.
Why don't you want Mr.
Purcell involved? Because the only intimate contact I've ever had with this man is when he violently forced himself on me.
And I don't want that around my son.
Thank you.
No further questions.
Yes, I took those photos.
I was upset.
She's the mother of my child.
Hold on.
You seem confused again.
These photos are from before you raped her.
I was found innocent of that charge.
And from before she was pregnant, aren't they? Yes.
You were stalking her for over a year.
This isn't about the baby.
This is about you being obsessed with Ms.
Jordan.
It's not like that.
I was just showing her how much I loved her.
By spying on her, menacing her, and trying to humiliate her publicly? - Ever heard of flowers? - This is about my son.
I want to be there for him, and I have the right to.
Really.
So tell me, Mr.
Purcell, what is it in your history of violent sexual assault and relentless intimidation that qualifies you to be a good parent? Your Honor-- Do you honestly believe you have the right to raise a child you conceived by rape? The law supports me, and it wasn't rape.
No further questions.
This hearing is to determine the best interest of the child.
Mr.
Purcell, in spite of the jury's verdict, I find your actions reprehensible.
I am awarding Avery Jordan full custody.
However, given that Mr.
Purcell is the biological father, and is willing to pay child support, it is with great reluctance that the court must award minimal supervised visitation.
- Two hours, every Saturday.
- No! With an agreed upon third-party facilitator.
This hearing is adjourned.
Thank you, Your Honor.
Look I'm not happy with the result either.
Theo.
But don't play into his hands.
What does that mean? That it's sickening.
But you have to abide by the ruling until the law changes.
When does it end? Do I have to live with the man who raped me in my life, forever? He'll be strictly supervised.
We can handle it until the court appoints someone.
We'll have eyes on him.
Mr.
Purcell, stay away from my client.
I'll see you Saturday, little man.
So where is she? She's supposed to be here with my son for our family visit.
Supervised custodial visit, not family.
Avery doesn't want to see you.
You don't know where she is? - I said where is she? - Calm down, Mr.
Purcell.
- Don't tell me to calm down.
- Is there a problem here? You're damn right, there's a problem! First day of visitation, and she doesn't show? I'll call the judge right now.
You know, infants don't always cooperate.
Fin, give Mr.
Purcell a seat in the interview room.
You'll be more comfortable, sir.
I have to leave.
Avery, this is not a good idea.
As an officer of the law, I have to tell you that if you leave with Theo, you're subject to arrest.
What choice do I have? You wait for Purcell to make a mistake and then you take him to court.
Court! Court! He has been raping me for almost a year, and the court went along with it.
- You allowed it! - Avery, if you run, you become the criminal.
You don't get it.
It isn't just about me.
It is about Theo.
What's gonna happen when he finds out that the courts forced that man into our lives? I know that this is hard to believe, but you and Theo will get through this.
And I promise you, someday Theo will understand.
Understand? He's gonna understand that his father raped me? He's never gonna be okay.
Me, him, that man.
We're never gonna be okay.
I want a damn amber alert.
Now.
She's still at the doctor.
You've been saying that for hours.
This is crap! The baby has a fever.
Listen, you want to be a father? The first thing you need to learn is it's not all about you anymore! Hey.
- Where's Avery? - I don't know.
She, uh I left when her lawyer arrived.
Calhoun said she needed time with her client.
That was three hours ago.
There was a lot of traffic on the way back.
From the Upper East Side? Okay, and as I recall, you checked in with your captain before you left Ms.
Jordan.
I'll let Mr.
Purcell know we're making our best efforts to locate Avery.
So Avery's still at the pediatrician's? Where? Somewhere beyond extradition.
Over Calhoun and my stern objections she got out.
On a private plane.
Did she? Do you remember when you asked me about my father, and I told you that it was a long story? Yeah.
It's not that long.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
Talk about July 4th fireworks.
A great day for Chicago baseball.
A day of wall-to-wall goose eggs for New York.
Our very own Avery Jordan's in the windy city with bad boy Andy Copeland.
Ready, Chicago feed.
Ten seconds, nine Avery, Avery! Give me that Avery Jordan smile.
- Five, four - Hey, check this out.
Three, two, and So Andy, the imperfect man has thrown the perfect game.
How do you feel? I feel like making it a perfect night.
What are you doing later, babe? - And how about the game, Andy? - How about a kiss? Come on.
Just a little bit of sugar? Come on, give me a little.
Mayday.
Toss back.
Toss home.
And we're back to New York with you, Jason.
Welcome back.
And while Andy Copeland takes a cold shower, we'll flip on over to Houston.
Avery Jordan? Hi.
I'm Detective Olivia Benson.
Hi.
A colleague gave me your number.
Um, thanks for meeting me here.
I didn't want to get photographed walking into the precinct.
I certainly understand.
So you said on the phone that something happened to you.
Yeah, but I'm not sure that I want to-- or even if you think it's worth-- Pressing charges? Okay, one step at a time.
So why don't you start by telling me why you called? I was I was in my home and somebody that I know attacked me.
Okay, so it was a sexual assault.
Yes.
And when did this happen? I should have called sooner.
It was--I was traveling for work.
It was a month ago.
Did you tell anyone else about this at the time? No.
- I think I was-- - No way! Avery Jordan.
Dude, I told you that was her.
- Fellas, if you don't mind.
- Totally get it.
Just one quick picture, 'cause the guys in the office are not gonna-- Excuse me, we need a minute, thank you.
You know what, though? We're just wrapping up.
- I have to get back to work.
- Hold on, are you sure? We--we just started.
Yeah, my boss is texting me.
But I'll call you.
Okay, uh, please do.
Let me give you my cell phone.
- Call me anytime.
- Okay.
So you guys think the Yankees are gonna make it to the play-offs? - I think so.
- I hope so.
Dude, will you take a picture of us? Yeah, sure.
Yeah, I know.
Lately, it's five minutes on the treadmill, and I'm wiped.
Let--let me call you back.
Why don't you go and have a seat right there.
I know I seem paranoid.
Um sorry.
No, we get it: You're in the public eye.
But you're safe here.
Have a seat.
What's going on? So he's stalking me.
He's been calling me, saying that he wants to see me.
He went to my apartment when I wasn't there, and he left a note.
This is the man who assaulted you? Rick Purcell, my cameraman.
Okay, have you told your employers about this? - Anyone at HR? - No.
Look I can't go to HR.
I can't go to anybody there.
I-I'm a professional.
I can always do my job.
I just need an out-of-work-hours restraining order.
It doesn't work that way.
If he's stalking you-- No, can you just talk to him and tell him to leave me alone and stop calling me? Have you told him that? I'm trying to be polite.
I still have to work with him.
- He's a good cameraman.
- Whoa, whoa.
So you've been polite for six weeks.
Avery, he might be imagining a relationship.
There's no relationship.
Well, he crossed a line, and you pretended that nothing happened, so, I mean, he could be telling himself that you're okay with it.
Avery, if you want us to help you, you need to tell us every single thing that happened.
Okay, now you said that this happened in your apartment.
How did he get in? We were coming home from a road trip.
He dropped me off, and he helped me upstairs with my bags.
And then what happened? I thanked him.
I said that I was tired.
He headed towards the door.
I thought that he had left, so I went to take a shower.
And when I came out of the shower, he was just standing there.
He tried to kiss me.
I said that I was tired and that he needed to go.
But he pushed me onto the bed, and he raped me.
Did you scream? Say no? No.
No, I just froze.
I-- Okay.
And you said that you haven't told anyone about this? No, so--there's no point in this anyway.
- Well, hold on.
- Hey, we can still make a case.
- He use a condom? - No.
That's why I went to my doctor the next day, and I got tested for STDs.
Your doctor examined you? That might be very helpful.
Do you still have the sheets, the bedspread? Yes.
Avery Jordan.
Is she the one that wears those tight white jeans on the sideline? No, Fin, that's someone else.
And beside the point.
Well, this is gonna be high-profile.
I wanna be kept in the loop.
Another bad-boy athlete? Great: An MVP-said, she-said.
Actually, it wasn't a jock.
It was her cameraman, and it happened in her condo after Fourth of July weekend.
Six weeks ago.
Please tell me she disclosed to somebody at that time.
No, but she did see her doctor, and we're checking her bedding for DNA.
Even if we do find anything, that doesn't preclude consent.
Look, she came forward reluctantly, because the guy started to stalk her.
I mean, there's nothing in it for her.
Well, let's corroborate that.
Clone her cell phone.
Check for recent texts, voice-mail calls.
The cameraman.
What's his pedigree? Richard Purcell.
Single.
Been at Sports & Events Network ten years.
Other than some speeding tickets, he's clean.
Even has a law degree from Fordham.
- Did he ever practice? - Nah, he never took the bar.
All right, go after him hard.
But this is gonna be an uphill case.
Especially if Mr.
Purcell knows the law.
Fin, Rollins, keep that in mind when you talk to him.
Avery said I raped her? We've known each other for years.
She invited me up.
So you were in her apartment? I helped put her bags in her room.
What, and then she just jumped into bed? No, she took a shower first.
You and her ever been intimate before? Well, you know how these work things go.
Long hours, there's always an unspoken attraction.
Yeah, that's not really how she tells it.
We've been working together since we hooked up.
Travel together, dinner with the crew.
Wait.
She's just bringing this up now? Oh, I get it.
- He must have found out.
- He? Who's that? It's above my pay grade.
I could get in a lot of trouble with my producers here.
Yeah, you're in trouble with the NYPD here, so Okay.
But you did not get this from me.
Avery and I slept together.
But she's also having an affair with one of the network anchors.
Yeah? This anchor, he got a name? I've said too much.
Rick said that I'm having an affair? Yeah, basically that your lover found out, got jealous, and Rick got caught in the crossfire.
That's ridiculous.
If you're sleeping with somebody else, we need to know.
What difference does it make? - Rick raped me.
- It affects the case, Avery.
Now the lab found semen from two different men on your bedspread.
Look, he has a wife Kids.
- This will ruin both of us.
- Rick's clever.
He's already using the affair to create reasonable doubt.
That's not all he's doing.
Remember I told you about the note? He also sent this.
The other man-- we need his name.
You'll recognize him.
Avery spoke to me.
What did she say? She said that that creep Purcell had found out about us and was blackmailing her.
That's all she said? Did she ever talk to you about Purcell before? About what? I mean, you don't notice the cameraman unless he screws up.
She wasn't friendly with him? She was good with the crew, you know.
It's part of the job.
Uh, listen, is there any way you can get him to stop without this becoming public? He's already come after her.
He's gonna come after you too.
I think he already has.
I know this is hard to watch, but there was a camera in your hotel room.
It goes on from here.
Stop it, please.
Rick sent this to Jason? Why? What does he want? Well, so far, he hasn't asked Jason for money.
Jason got this video anonymously two weeks ago.
That explains it.
Jason called things off on the last road trip.
Okay, so Rick thinks he got what he wanted: To have you to himself.
I don't want to press charges.
I just want to destroy this tape.
If we can tie this to Purcell, - it's proof he's stalking you.
- If? He's a cameraman.
Who else would do something like this? So he did have access to your hotel room? Yeah.
He would bring coffees upstairs, he would put my bags in the room.
Oh, my God.
He probably has copies.
If you'll agree to press charges, we can get a warrant for his computer, his home, his office.
This video was taken before the rape, right? Yes.
What does that have to do with anything? It speaks to an escalating pattern of obsession and harassment.
If we can tie him to the stalking, it'll make the case for rape that much stronger.
It also makes it more difficult for the defense to claim that it was consensual.
Consensual? I had bruises.
The defense will say you liked it rough.
A single woman on the road with mostly men.
And they're not just gonna ask about Jason.
They'll use anything they can.
- It was just Jason.
- Really.
Are you sure? No more surprises? Avery, guys like Rick, they don't stop, until you stop them.
I get it.
No more surprises.
All right.
I've got enough to issue a warrant.
Ms.
Jordan, after we pick him up, even though, in theory, rape shield will protect you, this is gonna hit the press.
No.
The network has a PR team.
Tell them to figure out how to spin this.
- Rick Purcell.
- What now? You're under arrest for stalking and rape.
You gotta be kidding me.
Avery? I see her every day.
Won't be seeing her anymore.
ADA Barba charged Purcell with rape in the first, and aggravated stalking.
- Is he out? - No.
The judge set a very high bail.
He will stay in jail until the trial.
You okay? Yeah, I've just been lightheaded and nauseous lately.
I think it's probably the stress.
Okay, could be, but You got a pregnancy test, right? No, I can't get pregnant.
That's why ex and I got a divorce.
Okay, well, sometimes things change.
Uh when was the last time you had sex with Jason? He had a vasectomy.
You know, the rape was eight weeks ago.
You're not late, are you? Avery.
It is possible that you got pregnant.
I can't.
I can't be pregnant with his baby.
- How are you feeling? - A little nervous.
I didn't think I'd be showing this much by the time we got to trial.
Don't try to hide it.
They'll really lose the jury if they come after you.
Ms.
Jordan did disclose to me six weeks after the rape.
But in my experience, it can take survivors years to come forward.
And given her complications, I can certainly understand why.
How so? Mr.
Purcell was a coworker.
Ms.
Jordan has a very high public profile, and she knew that by coming forward it could damage her reputation and that of others.
And yet, she came forward anyway.
Yes, at great cost.
She's had to step down from her job, she's dealt with horrible breaches of privacy, including the public's knowledge that she became pregnant by a rape.
Why do you think she's endured all of this? Because she doesn't want Mr.
Purcell to get away with what he did to her.
Move to strike, speculation.
Your Honor, I'm asking the detective's opinion based on her 14 years of experience with sex crimes.
Overruled.
Are there any other reasons you believed Ms.
Jordan's story that the sex was not consensual? The fact that Mr.
Purcell was stalking her and sending threatening messages.
Purcell sent her videos and pictures he'd taken of her from hidden cameras.
How do you know they came from him? We found copies of the same images on his computer's hard drive.
The defense isn't putting up much of a fight.
Let's get Jason Hollis up now.
He's a reluctant witness.
He's just getting back to work after being suspended.
He told us he barely patched up his marriage to the model.
Not my problem.
I want him on the stand.
Tomorrow.
I'm sorry.
I care about Avery, but my wife's almost forgiven me.
I can't take the stand.
I used to be a big fan of yours.
I actually won a fortune on you in game seven.
Bottom of the ninth, two outs, and you hit the walk-off against Mariano and You can't step up for Avery right now? Please, I just want things to be the way they were.
It's too late, Jason.
And here's something you can count on: If we don't call you, the defense will.
How long were you and Ms.
Jordan engaged in an extramarital affair? About a year and a half, on and off.
- Mm-hmm.
- I'm not proud of it.
My wife deserves better, and so does Avery.
Why did you end the relationship? I was sent a video of me and Avery together, and I found out later, it came from Rick Purcell.
Did he attempt to blackmail you? No.
So why do you think you were sent the video? Objection.
Speculation.
Uh, take it easy.
Counselor, everything all right? Yes, Your Honor.
I'll rephrase.
Did you take any action after you received the video? Yes, I told Avery that we needed to stop seeing each other.
- You felt threatened? - I was furious.
He was spying on us in Avery's hotel room.
- Sick bastard.
- Mr.
Hollis.
Not to mention, I found out what else he'd done to her.
- So what else had he done? - Your Honor, may I approach? Ordinarily, your counsel would request that, Mr.
Purcell.
This is an urgent matter that needs to be immediately discussed.
We'll take a recess.
Counselors, in chambers.
Now.
Mr.
Purcell, this is very unusual.
Your Honor, replacing counsel at this point puts an undue burden on Ms.
Jordan.
I either replace counsel or you need to call a mistrial.
My lawyer, despite sharing my good looks, has been completely derelict in his duties.
Rick, you need to think about this.
You performed a barely credible cross with the SVU detectives.
And you've conducted yourself like a drooling fan with Jason Hollis.
- I'm not sure I agree.
- Nor do I.
Your Honor, there's been countless issues of facts which he failed to address.
The alleged victim is eight months pregnant with your child.
You want me to come out guns blazing? It won't help your case.
I'm entitled to a defense, not an apology.
Your Honor, if he won't fight for me, he needs to get out of my way.
What's going on? Purcell wants a change of counsel.
That son of a bitch is just trying to drag this out.
Avery, the judge agreed to let him represent himself.
- What? - Starting tomorrow.
Legally, he has that right.
So he can question me? Ask me anything he wants? Not anything.
And I will be there making objections.
No.
First he rapes me, and now he gets to interrogate me in front of everybody.
He can't do this, can he? He can't.
Mr.
Purcell, are you ready to proceed with your cross-examination? Yes, Your Honor.
Mr.
Hollis, you testified that your affair with Avery Jordan was on and off.
When it was on, did you and your wife ever socialize with Avery? A few times.
And did Avery ever do or say anything to lead your wife to suspect the affair? No.
So you would say that Avery Jordan is skilled in the art of deception.
- Objection.
- Withdrawn.
Mr.
Hollis, you've helped Avery professionally, haven't you? That's not why she's a success.
Have you ever recommended her for choice assignments if it put you two on the road together? Yes.
Did it ever occur to you that the only reason Avery is with you is because you helped her career? She's not like that.
I could do nothing for her except love her.
Isn't that why she was with me? - Objection.
- Sustained.
She was never with you.
Oh, but she is having my baby.
So the evidence shows otherwise.
- Objection.
- Mr.
Purcell, that'll do.
Withdrawn.
I have nothing further for this witness.
But I would like to recall Detective Benson to the stand.
Detective, in your 14 years with SVU, have you always found the complainant to be truthful? Not always, but-- You've arrested hundreds of rapists, correct? That sounds about right.
Has that colored your thinking? - Objection.
- Overruled.
I'm going to allow Mr.
Purcell a little leeway here but ask him to make his questions more specific.
I do my job.
How many innocent men have your brought to trial? Only one.
And when I found out, I fought for his release.
But all the, what, hundreds of others-- if you thought they were guilty, they were? Men, they're all rapists, right? Objection, argumentative and ridiculous.
Sustained.
- Do you hate men? - Objection.
When was the last time you were in a relationship? - Objection! - Sustained.
Detective How often have you seen an actual rape victim become pregnant and decide to keep the baby? It happens.
Like convicting innocent men happens.
- Objection.
- Withdrawn.
You testified that Avery did not get a rape kit.
But she got a medical exam that showed trauma consistent with sexual assault.
Detective, yes-or-no answers.
In your experience, is it possible that this kind of trauma can occur after a honeymoon or a couple's weekend in Atlantic City? - Objection.
- Mr.
Purcell.
I'll rephrase.
Is it possible that this trauma could have been caused by consensual sex? It's possible.
Are you aware that there's been testimony in this case that a second man's DNA has been found on Ms.
Jordan's bedspread? Yes.
And there's no way to differentiate samples from a consensual encounter and a rape, is there? No.
Thank you.
I have no further questions.
After he was finished, he asked me if he could stay.
And how did you respond? I was crying.
I was terrified.
He said, "You're crying now.
One day you'll realize that this is the best sex you ever had.
" Thank you, Ms.
Jordan.
Uh, the photos that the jury has already seen were sent to you after the rape? He slid the photos underneath my door with a menacing note, and I realized that he was stalking me.
- That's when I went to SVU.
- We're almost finished.
But this next question is deeply personal.
Can you tell the jury why you decided to keep a baby who was conceived in rape? I had previously had been told that I could never have a child of my own.
When I first found out that I was pregnant, I felt like he was still violating me.
- Objection.
- Overruled.
It's relevant.
But he's my baby.
Every time that I feel him kick, I know that he's a fighter, like me.
That he's a survivor.
Thank you, Ms.
Jordan.
Your Honor, could we take a break? I feel a little-- Do you want a short recess? Actually, Your Honor, it's been a long day for Avery.
If it please the court, I request permission to recall this witness at a later time.
Perhaps after I call my expert.
Again, Your Honor, I'd request a frye hearing to determine the validity of this expert.
As I already ruled in chambers, we're allowing it.
And Mr.
Purcell I've given you latitude already.
Don't abuse it.
'Scuse me.
So, wait, you think maybe this means he won't call me to the stand? Oh, no, he will.
He just wants you to lose sleep wondering when.
You did great up there.
The more they get to know him, the less the jury likes him.
Let's get you out of here.
Detectives! Hey, Counselor.
- What's up? - You mean "Who's up?" Congressman Fritz Showalter.
He's Purcell's so-called expert.
Showalter's the one that tried to criminalize abortion after rape, 'cause it's tampering with evidence.
Clown's a crackpot.
He's also a practicing obstetrician, and he's had a few articles published in some fringe medical journals.
- What do you want to do? - Get me something.
By tomorrow.
Congressman.
Or should I call you doctor? Either.
I have been a doctor for over 40 years.
And you published in the Journal Of Clinical Obstetrics.
You paid for this trip yourself.
Can you tell the jury why? This case raises issues I feel strongly about: Legitimate rape and women who make false accusations.
Can you elaborate? Many of my medical colleagues won't admit it, but in my experience, it's nearly impossible for a victim of legitimate rape to become pregnant.
Objection.
Again, without the benefit of a frye hearing-- Your objection has been noted, Mr.
Barba.
And the jury will note that this witness is offering an opinion based on his medical experience.
And why, doctor, in your opinion, is it impossible for a victim of an actual rape to get pregnant? The body has a mechanism for shutting down ovulation in response to stress.
And if a pregnant woman came to your office claiming that she had been raped, your response would be? I would tell her, "Honey, if you need to lie to yourself "or your family, okay.
"But don't lie to Doc Showalter.
Or the lord.
" Thank you, doctor.
Congressman When did you last publish in the Journal Of Clinical Obstetrics? - I don't actually recall.
- Let me refresh your memory.
- 1974.
Does that sound right? - About right.
Are you aware that, since then, there has been extensive research that shows that women who have been raped are just as likely to get pregnant as women who have consensual sex? Female anatomy hasn't changed, Mr.
Barba.
Many studies show it's harder to conceive under stress.
But those studies refer to long-term stress, - not rape, correct? - Well, yes.
Congressman, during your testimony you referred to "legitimate rape.
" Does this term appear in any recognized medical textbook? I s-speak from my experience as a doctor.
But you haven't practiced in 12 years.
Does this have anything to do with your being censured for inappropriate behavior by your clinic in Kentucky? - Objection.
- Sit down, Mr.
Purcell.
Dr.
Showalter, answer the question.
I'm not at liberty to discuss that.
Because you signed a mutually binding nondisclosure agreement? Thank you.
No further questions.
Your Honor, I'd like to recall Avery Jordan.
I'm ready to cross-examine her.
How are you, Avery? I hope you're feeling up to this.
Objection.
Your Honor Please instruct Mr.
Purcell to refrain from calling the witness by her first name.
Sustained.
Understood, Mr.
Purcell? Forgive me, Your Honor.
Avery--I mean "Ms.
Jordan.
" I'm sorry, it's hard, because we know each other, right? Yes.
We've worked together for five years.
We've traveled together, we've stayed in adjoining hotel rooms.
- Is that correct? - When it was necessary.
Your Honor, would you please direct the witness to answer yes or no? Ms.
Jordan.
Yes, we stayed in adjoining rooms.
And we've had many a late-night conversation, discussed many things? I would say "some," not "many.
" And you've spoken to me frankly about the intimate details of your life, like your desire to have a baby? - I don't remember that.
- Objection, Your Honor.
This line of questioning amounts to harassment.
Overruled.
He can ask about conversations he was a part of.
So you do recall telling me the main reason your marriage broke up was your inability to conceive? I might have said that at one point.
On the night in question, you invited me into your apartment, didn't you? You offered to help bring up my-- You asked me to come up, did you not? Yes.
You took off your clothes while I was still in the apartment, didn't you? I thought you had let yourself out.
I saw the door close.
And where were you after I left? I went to take a shower.
Yeah.
A shower.
Right.
You invited me into that shower, didn't you? No.
And then you told me not to use a condom because you wanted to try one more time to get pregnant.
You said that you wanted to feel me inside you.
- Objection.
Hearsay.
- Sustained.
Mr.
Purcell.
Withdrawn.
Ms.
Jordan, after the alleged assault, you didn't call the police, you didn't report me to Human Resources.
Why not? I was afraid.
You were afraid if the bosses found out about your affairs that you would be fired.
Objection.
Calls for conjecture.
Sustained.
Mr.
Purcell, move on.
Ms.
Jordan Don't you think if somebody was raped - they would hate their assailant? - I do.
I hate you.
- Your Honor-- - Mr.
Purcell, please step back.
You sit there before me carrying our child.
He's mine, not yours! You had a DNA test.
Can you tell the jury who that baby's father is? You are not the father, you're the rapist! That is not an answer.
Did those tests prove that I'm the baby's father? - Ms.
Jordan.
- Yes.
Biological, yes.
So you always wanted a child, didn't you? Yes.
And I gave you the child you always wanted.
- Objection.
- Step back, Mr.
Purcell.
I got nothing further.
They've been in there for two days.
Why is the jury taking so long? That's what juries do.
They asked to hear that congressman's testimony read back.
- Why? - It could be good news.
After our counselor here was done with him, he was completely discredited.
They're back.
This is your verdict? On the charge of rape, first degree, how do you find? Not guilty, Your Honor.
On the charge of stalking? Guilty, Your Honor.
The defendant is released, pending sentencing.
Excuse me.
Can you tell me what happened in that jury room? We felt bad for her.
But - The case had a lot of holes.
- Uh-huh.
There was this one juror, she bought the "legitimate rape" argument.
She wasn't gonna give in on that.
So all everyone could agree on was the stalking.
You cut a deal.
- Yeah.
- Thank you.
- He's not gonna stop.
- It's okay, Avery.
You gotta take it easy, okay? Just breathe.
- Ooh.
- There you go.
Oh, I feel sick.
No.
Oh, no, no, no, no.
No, no, no.
Okay, all right, Avery.
So your water broke.
Let's get you to the hospital, okay? There you go.
Hey.
Now a good time? Detective Benson, come in.
This is Theo.
Wow.
He's, uh He's beautiful.
He is, isn't he? And healthy.
Even at six weeks early.
Thank you.
How are you feeling? Exhausted.
But happy.
I think it's lucky that he came early.
Took my mind off the verdict.
I thought that maybe I would see my baby and think about what happened.
But I didn't.
Theo's his own person.
- Avery Jordan? - Yes.
- The nurse was just here.
- I know.
You've been served.
What is that? He can't do this.
Rick's suing for custody? Let me see that.
You're telling me that a rapist can sue for custody? Yeah, he can.
In 31 states.
I've seen it used in acquaintance rape cases just to get the victim to drop charges.
And they call that law? In Boston, a convicted rapist sued for custody rights to a child he fathered with a 14-year-old girl.
- This is New York.
- Yeah? Well, there's no law on the books at all.
More to the point, Purcell wasn't convicted of rape.
He only got time served on the stalking.
State says he's rehabilitated.
Meanwhile, she's been decompensating.
And since the trial started, she hasn't been able to work, she's battling depression, she's under psychiatric care.
Which only serves to bolster his case.
She's still got a three-year order of protection against him.
We'll follow Rick until he screws up, - and then we nail him.
- What about Avery? This was always a lousy criminal case.
Now it's a civil one.
She needs a good lawyer.
I know who to call.
According to the caseworker's report, you've been raising our child alone.
Yes.
And you haven't worked since October.
I haven't been able to because of what you did to me.
Your Honor? Ms.
Jordan, just answer yes or no.
No.
And since the birth of our son, you've been seeing a psychiatrist? Yes.
And did he prescribe antidepressants? Objection.
Beyond the scope.
I'm afraid not, Ms.
Calhoun.
Ms.
Jordan, please answer.
I have prescriptions for antidepressants and anti-anxiety drugs.
Are you on those drugs now? I've been diagnosed with post-traumatic stress disorder.
So yes.
So you intend to raise our child on your own while sitting at home, unemployed, taking psychoactive drugs? Don't act like I'm crazy and you're the sane one! You did this to me! You raped me.
You destroyed my life.
Your Honor, I ask that you disregard that last outburst.
I was acquitted of rape.
Just proceed.
So you think you can take care of my son? Avery.
I mean, Ms.
Jordan.
Have you looked in the mirror lately? Single motherhood doesn't agree with you.
You can't even take care of yourself.
- Objection.
- Withdrawn.
I have nothing further.
Ms.
Jordan, would you like a break? No.
Have you recently taken your baby for a checkup? Yes.
And how is he doing? Theo's in perfect health.
He's eating and sleeping well.
So despite the trauma that you have been through, you are able to raise and care for your child? Yes.
He's all I've ever wanted.
Why don't you want Mr.
Purcell involved? Because the only intimate contact I've ever had with this man is when he violently forced himself on me.
And I don't want that around my son.
Thank you.
No further questions.
Yes, I took those photos.
I was upset.
She's the mother of my child.
Hold on.
You seem confused again.
These photos are from before you raped her.
I was found innocent of that charge.
And from before she was pregnant, aren't they? Yes.
You were stalking her for over a year.
This isn't about the baby.
This is about you being obsessed with Ms.
Jordan.
It's not like that.
I was just showing her how much I loved her.
By spying on her, menacing her, and trying to humiliate her publicly? - Ever heard of flowers? - This is about my son.
I want to be there for him, and I have the right to.
Really.
So tell me, Mr.
Purcell, what is it in your history of violent sexual assault and relentless intimidation that qualifies you to be a good parent? Your Honor-- Do you honestly believe you have the right to raise a child you conceived by rape? The law supports me, and it wasn't rape.
No further questions.
This hearing is to determine the best interest of the child.
Mr.
Purcell, in spite of the jury's verdict, I find your actions reprehensible.
I am awarding Avery Jordan full custody.
However, given that Mr.
Purcell is the biological father, and is willing to pay child support, it is with great reluctance that the court must award minimal supervised visitation.
- Two hours, every Saturday.
- No! With an agreed upon third-party facilitator.
This hearing is adjourned.
Thank you, Your Honor.
Look I'm not happy with the result either.
Theo.
But don't play into his hands.
What does that mean? That it's sickening.
But you have to abide by the ruling until the law changes.
When does it end? Do I have to live with the man who raped me in my life, forever? He'll be strictly supervised.
We can handle it until the court appoints someone.
We'll have eyes on him.
Mr.
Purcell, stay away from my client.
I'll see you Saturday, little man.
So where is she? She's supposed to be here with my son for our family visit.
Supervised custodial visit, not family.
Avery doesn't want to see you.
You don't know where she is? - I said where is she? - Calm down, Mr.
Purcell.
- Don't tell me to calm down.
- Is there a problem here? You're damn right, there's a problem! First day of visitation, and she doesn't show? I'll call the judge right now.
You know, infants don't always cooperate.
Fin, give Mr.
Purcell a seat in the interview room.
You'll be more comfortable, sir.
I have to leave.
Avery, this is not a good idea.
As an officer of the law, I have to tell you that if you leave with Theo, you're subject to arrest.
What choice do I have? You wait for Purcell to make a mistake and then you take him to court.
Court! Court! He has been raping me for almost a year, and the court went along with it.
- You allowed it! - Avery, if you run, you become the criminal.
You don't get it.
It isn't just about me.
It is about Theo.
What's gonna happen when he finds out that the courts forced that man into our lives? I know that this is hard to believe, but you and Theo will get through this.
And I promise you, someday Theo will understand.
Understand? He's gonna understand that his father raped me? He's never gonna be okay.
Me, him, that man.
We're never gonna be okay.
I want a damn amber alert.
Now.
She's still at the doctor.
You've been saying that for hours.
This is crap! The baby has a fever.
Listen, you want to be a father? The first thing you need to learn is it's not all about you anymore! Hey.
- Where's Avery? - I don't know.
She, uh I left when her lawyer arrived.
Calhoun said she needed time with her client.
That was three hours ago.
There was a lot of traffic on the way back.
From the Upper East Side? Okay, and as I recall, you checked in with your captain before you left Ms.
Jordan.
I'll let Mr.
Purcell know we're making our best efforts to locate Avery.
So Avery's still at the pediatrician's? Where? Somewhere beyond extradition.
Over Calhoun and my stern objections she got out.
On a private plane.
Did she? Do you remember when you asked me about my father, and I told you that it was a long story? Yeah.
It's not that long.