Brewster Mugshot
Prison guard Tyshinia Love Brewster is pregnant with an inmate's child and was charged with rape on Wednesday. New York State Police

A prison guard in New York's Downstate Correctional Facility is pregnant with an inmate’s child and is being charged with rape. The prison guard, identified as Tyshinia Love Brewster, had been having a sexual relationship with the man since 2010.

Brewster is currently six months pregnant with the inmate’s child, according to a statement released by the New York State Police. Brewster has been a guard at Downstate Correctional facility, located in Fishkill, for seven and a half years. Brewster and the inmate began their relationship in 2010 and, according to the release, “The two would become intimate during her shift assignments at the prison on the cellblock on which the inmate was housed.”

Brewster was arrested at her home in Poughkeepsie by Investigators Noreen Winterfeldt and Kimberly Hettwer and Trooper Michael Ramirez. Brewster will be charged with third-degree rape and will also face disciplinary charges from the Inspector General’s Office. She was arraigned and will return to court on March 20. The inmate, in jail for a felony conviction, has been transferred to another prison.

According to the New York Post, Brewster was charged with rape because an inmate cannot legally consent to sex. New York penal code section 130.05 subsection 3 (e) says, “committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital.”

As previously reported by IBTimes, earlier in February, Nancy Gonzalez, a New York City prison guard, was charged with rape after she allegedly became pregnant by Ronell Wilson, a convicted cop-killer.