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The molestation allegedly took place while he was a deputy.
Bingham lived with the two girls and their family for several months in late 2015 through early 2016, sleeping in the same room as one of them. Bingham had previously worked for the Los Alamos Police Department as a detention officer.
It's unknown why he left that position."You depend on law enforcement to do those kinds of investigations, but when it comes up that one of your own is being accused or alleged to have done something inappropriate, it's very disturbing," Sheriff Garcia said.
This policy applies to all faculty, staff, and students at the University and to others who participate in the University’s programs and activities, whether on- or off-campus and including abroad.
For the purposes of this policy: A superior shall not exercise authority (such as by teaching, supervising, evaluating, or advising) over a subordinate with whom the superior is involved in a consensual relationship.
Every reasonable effort, however, should be made to preserve confidentiality, to provide information on a need-to-know basis, and to protect the privacy of the parties. For staff, immediate supervisors should keep all documentation related to a consensual relationship secure and separate from the official files that are maintained on the parties to the relationship.
For faculty, immediate supervisors should maintain documentation related to consensual relationships in the applicable faculty personnel files, in accordance with Faculty Handbook Policy C70 (“Confidentiality of Faculty Records”).
During the internal affairs investigation in February, Bingham resigned.
KRQE News 13 reached out to NMSP to determine what happened to their investigation into Bingham, and was told the case is pending review at the District Attorney's Office.
In such situations, one should assume that the age of consent is 18, at the very least.
There are at least two statutory defenses to a prosecution of 4th degree criminal sexual penetration: First, there is a "Romeo and Juliet" exception.
Though the primary responsibility for reporting consensual relationships rests with the superior, a subordinate may report a consensual relationship to the superior’s immediate supervisor.Tags: Adult Dating, affair dating, sex dating