In most states, its legal for cops to have sex with people in their custody

[smirkymonkey]

https://www.rawstory.com/2018/02/states-legal-cops-sex-people-custody/

Though most Americans are probably unaware of it, in most states it’s not illegal for police officers to have sex with people in their custody. Nationally, 35 states allow a strange legal loophole where cops can claim a sexual encounter between them and their detainee is consensual to avoid rape or assault charges. A recent Buzzfeed report brought attention to the case of 18-year-old Brooklyn native Anna Doe, who was allegedly raped while handcuffed during a traffic stop.

“Inside, Anna said the detectives took turns raping her in the backseat as the van cruised the dark streets and she sat handcuffed, crying and repeatedly telling them ‘No.’ Between assaults, she said, the van pulled over so the cops should switch drivers,” reports Buzzfeed. The details are indisputably gory, and semen evidence from Anna’s subsequent rape kit identified detectives Eddie Martins and Richard Hall as the perpetrators.

But the case isn’t as clear-cut as it should be because, in a twist that defies all logic, New York is one of the many states that bafflingly allows cops to claim to have had consensual sex with people they’re arresting. And even a simple scan of police sexual misconduct databases shows that cops having sex while on the clock, or using their power to assault vulnerable people, isn’t uncommon. In New York alone, where Anna Doe was raped, there are countless examples. In 2007, Officer Fernand Clerge was convicted of molesting women while on duty, in uniform. In 2006, Officer Andrew Johnson drove a teenager home as a part of his duties. Later that night, he showed up at the teen’s house waving a gun, trying to force himself on her. In 2008, Sergeant David Rodriguez arrested a 17-year-old’s boyfriend, then returned to the scene to allegedly rape the teenage girl, though her account differs from his..."

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This is just sick and unbelievable! What are our people in congress doing to change this? It's so wrong!

[Docreed2003]

1. Most???? Thats sick and insane that cops have that ability!

[magicarpet]

2. The whole idea about handcuffs...

.... stop resisting !

.... this won't hurt.

..... wasn't that fun ?

What could possibly go wrong ?

[smirkymonkey]

3. It's kind of scary how legal this is and how people in custody - mostly women - can't get justice

for such a violation. I can't believe that there is such a law on the books in so many states. It is completely incomprehensible to me.

[hardluck]

7. What law is on the books?

The article does not state there is a law on the books making this legal only that there is no law making it illegal, e.g., there is no law stating that consent is not a defense to a charge of rape/ sexual assault where the victim was in custody at the time of the assault.

I can see the utility of such a statute, indeed I’d favor such a law, but the lack of one hasn’t seemed to stop the prosecution of such crimes - the officers cited in the article we’re all prosecuted and we’re either convicted or pleaded guilty.

[smirkymonkey]

9. There should be a law specifically for making it illegal.

Currently, the laws work in the favor of the cops who perpetrate these crimes. Nobody should be able to get away with such an abuse of power.

[mythology]

10. It should be presumed that a detainee can't consent

There are too many issues about if he or she can effectively consent, if it's a perceived attempt to bribe or blackmail the cop. There's also the aspect of this is somebody with the power to put you in jail, the potential abuse of power is large.

[LisaL]

14. These cases can be prosecuted but it's not easy to get a conviction.

Just like several examples given in the article. If it were illegal to begin with, consent wouldn't be a defense.

[genxlib]

4. This needs to change

The solution is to simply treat sex with prisoners like minors. Regardless of consent, it should be illegal to have any kind of sex with someone under your legal control. The entire power imbalance is such that no consent should be considered valid.

Just make such sex illegal period.

[hardluck]

8. Agreed

There are laws on the books in many states regarding teacher/student relationships and consent. Seems the policy reasons behind such laws would apply even more for police/detainees

[tblue37]

12. + a brazillion! nt

[uponit7771]

16. +1

[DVRacer]

5. To me that would be not unlike a teacher

If you hold a position of power over someone they can not provide true consent. No matter what age.

[Iggo]

6. Cops. That's who they are. That's what they do.

[Hortensis]

11. The SUPPOSED reason underlying this is the need for undercover

officers to be able to solicit prostitutes for sex, including touching them, etc., without endangering the investigations by use of law against them.

Of course it's abused and used to protect male criminals in uniform.

[LisaL]

13. Prostitutes aren't in police custody at the time, so that doesn't make sense.

[Hortensis]

15. Good point. But there'll be similar justification.

These laws could not exist in even one state without reason to justify their existence. And that reason is not to provide the female half of the population to the police for their use. Moral codes may be somewhat different on the right and left (they are), but this falls squarely in the large overlap where we all agree.