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Crime Fact check: Sex between police officers and their detainees isn't illegal in many states

01:06  10 july  2020
01:06  10 july  2020 Source:   usatoday.com

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Fact Checks . Politics. Can Police Legally Rape Women in 35 States ? In short, the original item published by BuzzFeed pertained not to laws “allowing” police officers to rape with impunity, but an absence of laws that explicitly defined any sexual contact between a detainee and officer as

Not so for police officers . In these 35 states , cops caught having sex with detainees can claim Nationwide, more than 20 police officers have resigned or were fired because of alleged sexual None of which changes the fact that the defense attorneys in the Anna Chambers rape case are

Claim: In 35 states police can legally have sex with, and rape, detainees if they claim it was consensual.

a close up of a stage: Flashing Police Light © TheaDesign, Getty Images/iStockphoto Flashing Police Light

As all eyes are on police reform, a viral tweet is bringing new attention to the controversial police “consent loophole” BuzzFeed News made famous in 2018.

“in case you weren’t aware 35 out of 50 states allow a police officer to have sex with (and rape) someone they detain while in police custody and long as the officer claims it was consensual,” @cuddlesandcoke tweeted June 5.

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Many of them served as army generals and navy admirals, defending Russian borders in different wars and battles. Among the most famous ones Desert animals have also developed many characteristics that help them to survive in arid environment. Camels can go for a very long time without drinking.

Police officers do not have a "reasonable expectation of privacy" while preforming their public duties. If an officer says it's illegal to record him, that officer is lying to try and trick you into shutting off the camera so you won' t have proof of them violating your rights.

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In a thread, @cuddlesandcoke shared a February 2018 BuzzFeed News article that highlighted the 35 states where police officers could legally have consensual sex with individuals in their custody. He also shared a 2018 Snopes fact check, which rated the claim a mixture of true and false information.

@cuddlesandcoke later tweeted that the 35-state total was now 34 — because New York had changed its laws in 2019 — and urged voters in the remaining 34 states to contact their representatives.

Facebook and Instagram users soon shared screenshots of @cuddlesandcoke’s tweet and others like it, sparking conversations across multiple platforms.

“The point is sex between detainees and police officers should be explicitly illegal all the time. Someone in police custody cannot consent freely...they are being detained,” Facebook user Annie Dee commented on a screenshot of the tweet. “So, while the law isn’t written as such they basically ARE able to rape detainees, because cops are always going to take each other’s side and back up claims it was consensual.”

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More : Fact check : Devastating 1921 Tulsa Race Massacre wasn't worst U.S. riot, isn ' t ignored in books. Due to the length of the post, it Black Codes and policing . The Facebook post further asserts states hired hundreds of white men as police officers to assist with the business of arresting Black

Sex worker abuse by police officers can occur in one or more ways. Police brutality refers to the intentional use of excessive force by a police officer , be it physical, verbal, or psychological. Police corruption is a form of police misconduct where an officer obtains financial benefits and/or career

@cuddlesandcoke has not yet responded to USA TODAY’s request for comment.

More: They overcame police dogs and beatings: Civil rights activists from 1960s cheer on Black Lives Matter protesters leading new fight

Federal law criminalizes sex between officers and inmates in prisons

In September 2003, Congress passed the Prison Rape Elimination Act, which promoted a zero-tolerance policy for inmate rape. "PREA applies to all correctional facilities, including prisons, jails, juvenile facilities, military and Indian country facilities, and U.S. Immigration and Customs Enforcement (ICE) facilities," according to the Bureau of Justice Statistics.

Federal law criminalizes any sexual relationship between officials and inmates because inmates cannot legally give staff consent.

“Even if a sexual act would have been considered consensual if it occurred outside of a prison, by statute it is criminal sexual abuse when it occurs inside a prison,” the Department of Justice Office of Inspector General wrote in an April 2005 report.

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Police officers do not have a "reasonable expectation of privacy" while preforming their public yeah, if we put aside the fact that he was not in any danger and just look at the technical aspects of his There are no excuses for that officers ' utterly irresponsible behavior. I hope they enjoy their paid

F. The links between smoking and major illnesses such as lung cancer and respiratory disease have been well-known for several decades. G. American football is one of the most popular sports in the United States . It is a very physical game and the players wear helmets and special protective clothes.

More: Fact Check: Federal law makes it illegal for officers to have sex with inmates

NY case reveals "consent loophole"

After a woman accused two New York police officers of raping her while in their custody in 2017, the legality of police-detainee sexual conduct gained national attention.

While the Prison Rape Elimination Act protects inmates from sexual abuse by prison staff, the law does not apply to detainees who have not been convicted of a crime. Forced sexual conduct is illegal in every state in any context, but in states without a law mandating otherwise, police can argue a consent defense if detainees accuse them of rape.

Like Dee, many feel the absence of a law explicitly criminalizing police-detainee sex allows officers to take advantage of unfair power dynamics and makes it harder for detainees to press charges.

Through this loophole, the New York officers argued the woman had given her consent.

Case inspires legislative change

In response to the New York case, BuzzFeed News published its February 2018 article, which highlighted the then-35 states where consensual sex between police officers and detainees was legal.

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“When in fact , as we know … more white people have been shot by police officers this year than minorities,” he said. In response to these statistics , critics of police reform — often political conservatives and police unions — typically argue that the reason more black men and women are

In fact , many would gladly fund and even increase funding for investigators who will take these reports seriously. And courts in many places have been closed. The report also cited the demonstrations after Floyd’s death. " Police officers who would normally spend their time investigating violent crime

“The power dynamic in these circumstances is such that the person in custody is incapable of consenting to sexual activity. This common-sense law will ensure that moving forward officers who abuse their authority and engage in this type of coercive sexual behavior will be held accountable," New York City Council Member Mark Treyger told USA TODAY in 2019, when New York recognized sex between officers and individuals in custody as third-degree rape.

Since then several more states, including Colorado, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, New Hampshire, Pennsylvania, Rhode Island, South Carolina and Texas, have taken steps to close this loophole.

Congress introduced the Closing the Law Enforcement Consent Loophole Act of 2019, which would criminalize sexual conduct between federal law enforcement officers and individuals in their custody. The bill is under consideration by the U.S. House Judiciary Committee.

Our rating: Partly false

We rate the claim that police officers can legally have sex and rape individuals in their custody in 35 states PARTLY FALSE. Rape, by anyone, is illegal in every state. While it was true that 35 states did not have laws explicitly criminalizing sex between officers and detainees in 2018, many states have since passed legislation that's criminalizes it. Several more states and Congress are considering bills that will do the same.

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Our fact-check sources:

  • @cuddlesandcoke's tweet
  • BuzzFeed News "An 18-Year-Old Said She Was Raped While In Police Custody. The Officers Say She Consented.
  • Snopes "Can Police Legally Rape Women in 35 States?"
  • Andrew Keahey's Facebook Post
  • @localdemocrazy's Instagram Post
  • Brandon Hill's Facebook Post
  • Bureau of Justice Statistics "Prison Rape Elimination Act"
  • The Department of Justice Office of the Inspector General "Deterring Staff Sexual Abuse of Federal Inmates"
  • USA TODAY "Two NYPD detectives accused of raping teen in their custody won't get jail time"
  • Colorado General Assembly "Sexual Assault While In Custody Or Detained"
  • Illinois General Assembly "Public Act 100-0693"
  • CBSN "New Kansas law bans sex between police and people they detain"
  • Louisiana State Legislature "Senate Bill No. 105"
  • BuzzFeed News "Maryland Is the Latest State To Pass A Bill Banning Cops From Having Sex With People In Custody"
  • Boston Globe "Sex in police custody: Close the loophole in Mass."
  • Minnesota Legislature "HF 2856"
  • New Hampshire Public Radio "N.H. Bill Seeks To Classify Sex Between Prisoners, Officers As Assault"
  • ABC 27 News "Lawmakers introduce ‘no consent in custody’ legislation"
  • State of Rhode Island in General Assembly "S 2424"
  • South Carolina General Assembly "H. 3590"
  • U.S. Congress "Closing the Law Enforcement Consent Loophole Act of 2019"

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This article originally appeared on USA TODAY: Fact check: Sex between police officers and their detainees isn't illegal in many states

German police continue Black Forest manhunt, seek motive .
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