Student alleges unwanted sexual incident with Buffalo police officer

On Saturday night, an off-duty Buffalo Police officer allegedly sexually assaulted a UB student. The assaulted woman, a 19-year-old undergraduate student, reports that the officer, age 37, forced oral sex upon the student after stopping at his apartment en route to her home.

Officer Monte R. Montalvo was working security for a fraternity party Saturday night and offered the woman a ride home, according to Michael DeGeorge, spokesperson for the Buffalo Police Department.

"Apparently the two met at a frat party over the weekend, and I believe he offered to give the student a ride home," DeGeorge said. "I believe she accepted that ride home, then later in the evening there was an incident that we are still looking into."

After accepting the officer's offer, Montalvo told the student he needed to stop at his own apartment to use the bathroom prior to taking her home, according to The Buffalo News. She entered the apartment with him, and after he used the bathroom, the sexual incident occurred.

According to DeGeorge, the officer's conduct and the sexual incident will be an internal matter for the Buffalo Police Department and may become a criminal investigation as new information is revealed.

"Right now the officer has been suspended," DeGeorge said.

In addition to the consequences of the sexual incident, Montalvo may face departmental charges for working private security without prior permission of the department.

"We're looking into allegations regarding the officer's off-duty conduct and how it relates to the rules of the Buffalo Police Department," said Buffalo Police Commissioner H. McCarthy Gipson in a released statement regarding Officer Montalvo's conduct. "The Professional Standards Division of the Buffalo Police Department began its investigation immediately after learning of the incident. The criminal aspect of this case is in the hands of the District Attorney's office."

"It doesn't sound to me like it was a completed crime," Gerald Schoenle, Chief of the University Police.

Currently, the officer has not been charged in the incident, according to DeGeorge. After the investigation is complete, the officer may face both internal and criminal charges.

At this time, the woman's name is not being released.

"We have a rape shield law, and so there's a lot we can't say about sexual assault," Schoenle said. "It's like anything else though: Everyone is innocent until proven guilty."