It seems the NY City Police have found a way to get out of being charged with rape, and it’s thanks to the absense of a law that a majority of states don’t have. Apparently, 36 states in the US have no laws prohibiting police from having sexual relations with people in their custody.
That’s right, if you take someone into custody, you can have sex with them. There’s no reason to believe that, even if you participated in the act “consentualy” that it was actually consentual given the imbalance of power between you and your de facto kidnapper.
Apparently, a teenage girl sadly learned this the hard way. She claims that two officers raped her while holding her in custody. The cops came back with a claim that the act was consensual.
You end up with the classic cops said versus non-shiny-badged person said scenario. And we know how those things usually work out. The shiny badges get the benefit of the doubt.
The girl assumed that even if they said they had sex with her consentually, they would still face legal issues. Turns out, nope, not in New York State.
Cops can “legally” have sex with the people they’ve de facto kidnapped, so long as it was consensual. And if you say it wasn’t consensual, unless you have more witnesses than yourelf, well, you’re screwed, in more ways than one.
|This Teenager Accused Two On-Duty Cops Of Rape. She Had No Idea The Law Might Protect Them.|
Anna assumed it was a simple case: Two cops had sex with a woman in their custody in the middle of their shift.
When a Facebook friend questioned whether there was enough evidence to dispute the officers’ claim that the sex was consensual, Anna wrote back, “Listen man it doesn’t fucking matter they’re on duty police officers its a fucking violation these are the people we call for help not to get f%cked.”
….in New York, there is no law specifically stating that it is illegal for police officers or sheriff’s deputies in the field to have sex with someone in their custody. It is one of 35 states where armed law enforcement officers can evade sexual assault charges by claiming that such an encounter — from groping to intercourse — was consensual.
In recent years, some states have closed this loophole, applying to cops the same rules already in place nationwide for probation officers and prison and jail guards. Oregon did so in 2005, Alaska in 2013, and Arizona in 2015. Most have not, partly because few people realize the loophole exists, and partly because it has been politically unpopular to push laws that target cops and anger their powerful unions.
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