Miami-Dade cop cleared of rape charge after woman says he thought they were ‘role playing’


A handful of felony charges against a Miami-Dade police officer accused of sexual battery and other violent offenses against his girlfriend were dropped by the state Friday, after the woman refused to give a statement and said she now believes the officer thought they were role playing.

The woman, whose name has not been released, provided state prosecutors with a signed affidavit recanting earlier statements, including one in which she told police she was raped against her will. She also told police that she mistakenly didn’t use the couple’s “safe word” while having sex with her boyfriend, who was in full uniform at the time and carrying a loaded weapon.

“We have had sexual encounter like such in the past, and I believe Lomeli [the officer] thought it was another one of those sexual encounter,” the woman told prosecutors. “We have a safe word, and I failed to use the safe word. Which might have caused him to believe we were role-playing. As a result, my conscience is not allowing me to move forward.”

In December, Miguel Lomeli, 32, was arrested and charged with sexual battery, armed kidnapping, burglary with assault and armed battery after the woman called police. He was also denied bond. Though cleared of criminal charges, Lomeli will remain suspended with pay as Miami-Dade Police conducts its own investigation.

“His status within the police department remains the same,” said Miami-Dade Police spokesman Andre Martin. “There is still an open IA [internal affairs] investigation.”

In a four-page close-out memo, Assistant Miami-Dade State Attorney Mari Jimenez said without the woman’s testimony, the state had no choice but to no-action the charges.

“The state’s ability to proceed and prove these charges beyond a reasonable doubt has been severely compromised,” she wrote.

Lomeli, a six-year veteran working the department’s South District, was arrested Dec. 6, after the woman called 911 and claimed he “raped” her at her Homestead home, police said. She told police that she was at Buffalo Wild Wings that night and when her boyfriend saw her with another man, he “started drama.” When she got home, she said, he was already there.

She also told police that outside her home, Lomeli grabbed her by the hair, pulled her inside, put her in handcuffs, slammed her head against the stairs and forced her to perform oral sex. Afterward, during a controlled-call with police listening in, she asked Lomeli why he did it.

His response, according to investigators, was that they solve their problems by having sex and that he never heard her use the “safe word.” Later, police said, she texted Lomeli twice and warned him he was going to be arrested.

Apparently confused, he asked her what she meant. Her response, police said, was a lengthy apology.

“You’re going to get arrested and I’m really sorry about it. I love you with my all.” After he called her and she didn’t answer, she texted again. “What I said. I’m sorry Miguel, I did what I thought was the right thing to do. I’m confused about what’s right or wrong but it’s too late now. I love you.”

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