Warning: this article contains spoilers for Law & Order: SVU season 28, episode 1, “Volition.”

Law & Order: SVU season 28 premiered last night with an oddly timely episode that mirrors the ongoing Cornell 7 case (the episode was written and filmed in July). A young woman named Emily finds herself on the subway in an incredibly dizzy state, believing she was raped by three men after drinking too much alcohol. The case is made complicated by the fact that Emily is having trouble remembering exactly what happened and by the law, which doesn’t protect intoxicated people unless a victim was given an intoxicating substance without their consent or was physically helpless.

Benson pushes for justice, as she always does, but her approach leads to a significant falling out with Carisi. It might not have been one of Benson’s best SVU episodes, but if the series is setting up a tumultuous arc between her and Carisi, it promises major drama and possible danger for the veteran detective — especially if she continues making similar decisions to the one she made last night.

Law & Order: SVU Season 28’s Benson & Carisi Falling Out Explained

The tension between Benson and Carisi begins during the trial. After Emily breaks down on the stand during harsh questioning from the defense attorney, Andrea Vargas, Vargas offers a plea deal to Carisi that would end with the men on the sex offenders registry but with no jail time. Carisi agrees because he believes the men will walk on the charges. However, Benson pushes to continue the trial, with Carisi’s colleague, ADA Aidan Hawkins, backing her.

The trial ends in a hung jury, which sends the whole thing back to retrial. After Benson vents to jury consultant Gwen Sharpe, who tells her to fight differently if she wants different results, Benson does just that. She goes behind Carisi’s back and requests that Hawkins get her a warrant for one of the men’s mothers on (obviously trumped-up) charges of conspiracy to commit rape and evidence tampering, because she thinks that will make one of the men flip.

She’s right, but Carisi is infuriated when he finds out what she’s done, accusing her of pushing matters until what she believes is justice is served. When Benson tells him someone has to do it, he asks what’s wrong with her before walking away in frustration.

Why Carisi Is More Dangerous To Benson Than Most Perps In SVU

The end of the episode sees Carisi still furious with Benson. After they win the retrial, she tentatively congratulates him, but he only brushes her off with a flat “thanks” before ignoring her. Benson looks both guilty and a bit shaken by his frostiness, and the open ending about their relationship makes it seem like this rift might last a while. That could seriously complicate things, because as dangerous as the perps on the show are, Carisi could prove more so for Benson.

Benson, who is defined by her empathy for victims, has never made peace with the fact that the law doesn’t always work as it should. While Carisi is an ally and one of the good guys with principles, that doesn’t mean he views cases the same way she does (though he also isn’t wrong in his convictions). As this episode shows, their views on how things should be done don’t always overlap.

If Benson continues pushing the boundaries of the law this season the way she did in the premiere, while Carisi keeps insisting on staying within the parameters, it could change their entire relationship (and affect other relationships, too). A major rift between them is complicated because who’s right and who’s wrong when it comes to how to work in the system is so muddy. Plus, it’s clear that Carisi will draw a line somewhere if Benson keeps pushing at the law, but it’s unclear how far he’ll watch her go before he does.

It remains to be seen what he’ll do when he finally decides Benson has gone too far, which could lead to Benson facing a potential downfall at her job once more. The possibility of further tension between Benson and Carisi certainly ups the stakes for Law & Order: SVU season 28, though.

Release Date

September 20, 1999

Showrunner

Michael S. Chernuchin, David Graziano

Directors

Jean de Segonzac, David Platt, Peter Leto, Alex Chapple, Juan José Campanella, Norberto Barba, Constantine Makris, Martha Mitchell, Arthur W. Forney, Michael Slovis, Steve Shill, Alex Zakrzewski, Michael Pressman, Helen Shaver, Mariska Hargitay, Michael Smith, Ted Kotcheff, Fred Berner, Jonathan Kaplan, Holly Dale, Jonathan Herron, Jud Taylor, Adam Bernstein, Jim McKay

Writers

Judith McCreary, David Graziano, Michael S. Chernuchin, Daniel Truly, Jonathan Greene, Amanda Green, Lisa Marie Petersen, Allison Intrieri, Lawrence Kaplow, Jose Molina, Matt Klypka, Michael R. Perry, Samantha Corbin-Miller, Barbie Kligman, Robert F. Campbell, Candice Sanchez McFarlane, Gwendolyn M. Parker, René Balcer, Robert Nathan, Wendy West, Speed Weed, Ryan Causey, Chris Brancato, Christos N. Gage

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  Mariska Hargitay

  Olivia Benson

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  Ice-T

  Odafin ‘Fin’ Tutuola