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Saratoga County

Female prison guard charged with rape of male inmate

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Albany/HV: Female prison guard charged with rape of male inmate
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A corrections officer is charged with rape after state police say she was having a sexual relationship with one of the inmates she was charged with overseeing. YNN's John Wagner reports.

DUTCHESS COUNTY, N.Y. -- They say love knows no boundaries. But for prison guard Tyshinia Brewster, state troopers say love could throw her head over heels behind bars.

"She was charged with rape third [degree], an E felony, the lowest grade felony in the state," said Steven Listner, senior investigator for New York State Police. "It carries a sentence of one to four years in prison."

Troopers say Brewster had a consensual sexual relationship with an inmate at Downstate Correctional Facility in Fishkill since 2010. And she's six months pregnant with his child. Their intimate moments allegedly transpired in his cell and other spots conveniently out of camera's view.

"He was a cadre in the prison, which gave him freedom," explained Listner. "He would clean up, use mop and broom."

State Police say the inmate is locked up for first degree robbery, until at least 2018, and is married to another woman. City of Poughkeepsie resident Brewster is charged with rape because, according to state law, an inmate is unable to give consent to a prison worker.

"The law says an eleven-year-old lacks the capacity to consent to sexual activity," said Marjorie Smith, chief of the Special Victims Bureau at the Dutchess County district attorney's office. "The law also says an inmate in a correctional facility lacks the capacity to consent to sexual activity with an employee of the prison system."

"They put it in the law to ensure they don't use their authority over the inmates to get things from them, that we're just not supposed to," said senior investigator Listner, who is in his 26th year with the state police.

Fishkill town court filed an order of protection against Brewster through August. Well past her baby's due date, she won't be able to contact the father.

"They consider themselves in love," said Listner. "Whether they actually are in love, I don't know. That's a personal thing on their behalf, but they gave us the impression that they believe they're in love."

Brewster is also facing official misconduct charges. Whether she continues guarding prisoners or becomes one herself is up to the courts. ClientIP:, UserAgent: CCBot/2.0 ( Profile: TWCSAMLSP