A Westchester County woman has filed a lawsuit against a former Town of Harrison Police Lieutenant, alleging he sexually assaulted her after she called police headquarters during a mental health crisis in August of 2023.
The plaintiff, who asked her identity be concealed because of the nature of the allegations, said she had been arguing with her then-partner, who was also a Harrison cop, when she called the police desk directly — not through 911 — to request assistance from one of her partner’s colleagues.
“I was drunk and I started to have suicidal thoughts and I started taking Ambien and I just kept taking them because I wanted to die,” the woman said in an interview with the I-Team. “You’re not supposed to get raped by a cop.”
According to phone recordings, obtained by the plaintiff’s attorneys, the police desk attendant informed the woman that the specific officer she requested was unavailable. He then connected her with the lieutenant on duty for the overnight shift, Robert Carlucci.
After that, Carlucci can be heard on the recording telling the woman he would stop by her home, but he would need to bring another cop as a witness.
“I gotta have somebody else there with me anyway, but we can talk in private if you have to. OK,” Carlucci said.
When Carlucci arrived to the woman’s address, however, he can be heard on police radio recordings, also obtained by the woman’s legal team, calling off the backup cop.
“You can have [car] 4 disregard. I have this under control,” he said.
According to the lawsuit, during the following half hour, Carlucci “raped [the] severely intoxicated and distraught caller.”
The complaint says the woman could not possibly have consented to sexual activity because of her altered mental state.
“Any purported ‘consent’ she gave was invalid,” the lawsuit says, “because it was obtained through the abuse of governmental power.” The complaint also alleges the woman “was legally incapable of consent due to her extreme intoxication.”
Rachel Black, an attorney for the plaintiff, said the officer took advantage of her client when he knew she was impaired and in danger of self-harm.
“Under no circumstances should a police officer who responds to anyone, for any reason, be able to do that,” said Black.
After the alleged sexual encounter, Carlucci can be heard on the police radio recording saying the incident was not a police matter.
The plaintiff said Carlucci was aware of her vulnerability when she called the police desk that night, and that he described their relationship as an extramarital fling.
“He said all the guys at work talk about you. You’re a ‘frequent flier.’ Because I’ve always had problems with my mental health,” the woman said. “He called it an affair.”
Kerry Lawrence, an attorney representing Carlucci said his client denies any inappropriate behavior with the woman.
“Mr. Carlucci has not engaged in any conduct with [the plaintiff] that could possibly create liability on his behalf,” Lawrence wrote to the I-Team.
A year after the incident, in August of 2024, the woman reported the incident to Westchester County prosecutors, but according to a written statement from the office of District Attorney Susan Cacase, there was not enough evidence to move forward with a criminal case.
“After careful review, our investigation established that there was insufficient evidence to prove that the officer in question committed a crime under Article 130 of the New York State Penal Law, or under the statutes governing the conduct of public servants,” the statement read. “Nevertheless, our office identified potential violations of Harrison Police Department’s internal policies in connection with this incident and referred the matter back to the department for further investigation.”
Harrison Police Chief John Vasta declined to answer questions about the incident, but sent the I-Team a statement indicating that disciplinary proceedings against Carlucci were made impossible when the lieutenant retired — just weeks after the woman reported his conduct.
“Upon receiving allegations of on-duty misconduct inclusive of possible sexual misconduct, then-Lieutenant Robert Carlucci was promptly placed on administrative leave,” Vasta wrote in the statement. “On September 16, 2024, while still placed on administrative leave, Robert Carlucci retired from Harrison Police Department. Had he remained a member of the agency, disciplinary action could have been pursued.”
Attorneys for the woman said their client had a relationship with Carlucci in the in the months following the alleged rape, but they characterized that relationship as a product of victim grooming. And they criticized prosecutors for not filing criminal charges, in light of the fact that Carlucci was on-duty and responding in-uniform when the alleged sex act took place.
“They could have prosecuted this officer,” said David Rankin, a member of the woman’s legal team. “You don’t get to go to someone’s house and sexually assault them under any set of circumstances. And you don’t get to do it behind a badge.”
Olivia Clark, another attorney representing the plaintiff, said the woman’s relationship with Carlucci after the incident reflected the continuing power imbalance between citizen and police officer.
“When there is an officer wearing that badge who comes and uses his position and his power to rape somebody and continues to groom that individual in anticipation of sexual conduct, it is not appropriate,” Clark said.
The lawsuit also names the Town of Harrison as a defendant.
At the time of the incident, department protocol required most Harrison patrol officers to wear body worn cameras. It is not clear if more senior officers, like lieutenants, would have been required to wear cameras when they respond to police calls in the field.
Chief Vasta did not answer questions from the I-Team about body camera video.
According to a source with knowledge of the DA investigation, there was no body camera video depicting the interaction between Carlucci and his accuser.
