Look how many US States allow Police to have sex with suspects in custody.

You would think this would be a no brainer to have laws to prevent this, but no, in the US, the police can be so corrupt as to have sex with people while they are in custody.

image

http://bigthink.com/strange-maps/in-these-34-states-police-officers-can-legally-have-sex-with-detainees

So why would a state NOT want laws preventing Police from having sex with people taken into custody, or on a traffic stop or are questioning at the time? I cannot see why that should ever not be considered illegal.

If it happens to be their spouse or romantic relationship, they can do that on their own time, and it should have been a conflict of interest for them to be an arresting officer or their attendant at the jail at that point anyhow.

This was actually an issue for our police department here with the issue of "sex for contraband", but there are no laws on the books for the sex itself, it was an issue of contraband. see:
https://www.prisonlegalnews.org/news/2000/aug/15/rockwall-tx-jailers-indicted-in-sex-for-contraband-case/
But this town is so corrupt the DA listed in that article ALSO went to prison, the sheriff in that article there should have too as he had numerous restraining orders against him for good reason.

https://www.dallasnews.com/news/news/2010/03/10/20100309-Ex-Rockwall-district-attorney-Ray-Sumrow-5065

The entire system of vetting and monitoring of conduct needs a serious overhaul. Corruption has been allowed to set in so deep since inception with minimal oversight, fostering cowboy mentalities and bullies on power trips, going to need more than a new law or two to combat this behavior. Though even that would be a start. Damn. The public need to be more involved and motivated to push for actual change. What is wrong with people? My head is dizzy with hopelessness at the extent of these problems.

Lil devils x:
You would think this would be a no brainer to have laws to prevent this...

Yes, you would, wouldn't you?

You might expect it for two reasons; firstly the protection of people in custody, secondly (and more important to the way a lot of people think) because sex between law officers and suspects may undermine a case if it comes to trial.

However, there are also reasons it might not be illegal. Obviously, non-consensual sex and sex for corruption (e.g. bribery) would be crimes anyway. I suppose there's the possibility that just free sex has not been deemed to occur sufficiently often to make it worthwhile writing a law to prevent. More convincingly, there could be a rationale that sex between consenting adults is legally valid even if one is a police officer and the other a person in police custody; thus it is better dealt with as disciplinary proceedings by the law enforcement agency.

Agema:

Lil devils x:
You would think this would be a no brainer to have laws to prevent this...

Yes, you would, wouldn't you?

You might expect it for two reasons; firstly the protection of people in custody, secondly (and more important to the way a lot of people think) because sex between law officers and suspects may undermine a case if it comes to trial.

However, there are also reasons it might not be illegal. Obviously, non-consensual sex and sex for corruption (e.g. bribery) would be crimes anyway. I suppose there's the possibility that just free sex has not been deemed to occur sufficiently often to make it worthwhile writing a law to prevent. More convincingly, there could be a rationale that sex between consenting adults is legally valid even if one is a police officer and the other a person in police custody; thus it is better dealt with as disciplinary proceedings by the law enforcement agency.

Of course though that allowing the police to police themselves is and always has been a horrible idea and instead leads to even more corruption. They are not necessarily legally consenting when you have someone " in custody" and the person who determines whether or not they are released giving them the option to sleep with them or go to or stay in jail. That would very much be using ones position of authority to force someone to have sex with them therefor should not be considered voluntary consent. Under duress would then apply, nullifying consent.

I mean, cops are a protected class you can't criticize them.

Just ignore that 40% of police families suffer from domestic abuse (compared to 10% of the general population)

Let them fuck inmates. There's no power imbalance or anything there.

What if I WANT my boyfriend to arrest me and bang me in the car?
You can't outlaw our love!

undeadsuitor:
I mean, cops are a protected class you can't criticize them.

Just ignore that 40% of police families suffer from domestic abuse (compared to 10% of the general population)

Let them fuck inmates. There's no power imbalance or anything there.

In what country, and by what statistic?

Isn't it just the worst when you're midway through a shift and you get so horny you just need to do it right now, but all those pesky workplace rules prevents you from just boning with whoever is closest at hand? I for one am glad that the Police Officers in those 34 states have a way to avoid that utterly nasty situation, by just walking down to the holding cells and seeing if someone in their custody wants to hump them. It is not like any of us have better things to do with our work time then bone people we are in a position of power against, right?

[this entire post is sarcasm, just so that is entirely clear]

Combustion Kevin:
What if I WANT my boyfriend to arrest me and bang me in the car?
You can't outlaw our love!

undeadsuitor:
I mean, cops are a protected class you can't criticize them.

Just ignore that 40% of police families suffer from domestic abuse (compared to 10% of the general population)

Let them fuck inmates. There's no power imbalance or anything there.

In what country, and by what statistic?

http://womenandpolicing.com/violenceFS.asp#notes

America and by these two

I don't think I have anything to say about how obviously bad this is that isn't rather obvious, so:

Gethsemani:
[this entire post is sarcasm, just so that is entirely clear]

Including that bit? If you were Captain Kirk you could blow up an alien robot with that sort of thing.

Agema:
More convincingly, there could be a rationale that sex between consenting adults is legally valid even if one is a police officer and the other a person in police custody; thus it is better dealt with as disciplinary proceedings by the law enforcement agency.

In my mind the parallel would be with relationships between university lecturers and (adult) students. Not illegal, but ethically dubious and most likely against some code of conduct.

Catnip1024:

Agema:
More convincingly, there could be a rationale that sex between consenting adults is legally valid even if one is a police officer and the other a person in police custody; thus it is better dealt with as disciplinary proceedings by the law enforcement agency.

In my mind the parallel would be with relationships between university lecturers and (adult) students. Not illegal, but ethically dubious and most likely against some code of conduct.

You voluntarily go to a university though. Being in police custody is not a choice.

Catnip1024:
In my mind the parallel would be with relationships between university lecturers and (adult) students. Not illegal, but ethically dubious and most likely against some code of conduct.

Absolutely; that was one of the more obvious equivalents that occurred to me as well.

Lil devils x:
You voluntarily go to a university though. Being in police custody is not a choice.

True. But whether a person is in a university by choice or a cell by compulsion, it does not necessarily prevent that person also making a reasoned and voluntary decision to have sex. The problem is that in either case but more so the latter, some form of coercion is a greatly increased risk.

Agema:
True. But whether a person is in a university by choice or a cell by compulsion, it does not necessarily prevent that person also making a reasoned and voluntary decision to have sex. The problem is that in either case but more so the latter, some form of coercion is a greatly increased risk.

Just because a person is under the age of consent does not necessarily prevent them making a reasoned and voluntary decision to have sex.

The reason we have an age of consent is not because an angel descends on a person's 16th birthday and magically imbues them with the capacity for reasonable judgement in sexual matters, but because the risk of abuse or manipulation makes it desirable to have a clear grounds for legal action against someone who may be abusing a minor.

Coercion is not always clear cut, particularly when it comes to vulnerable people (and many people who end up in police custody will be extremely vulnerable). The simple dynamic that one person is able to imprison or detain another against their will opens up a clear element of risk, particularly given the difficulty of pursuing criminal action against police officers when your first point of contact will be with another police officer.

It's also worth noting that, in modern higher education it is considered extremely, extremely inappropriate to sleep with your current students. Certainly it happens, but it's gross, we all know it's gross, it can easily get you fired and there's a very high risk that if someone went to the police about it they might be able to find something to charge you with (probably some form of intimate partner abuse, which is often quite accurate as such relationships are seldom healthy).

I'm willing to attribute this more to a lack of an explicit law preventing the practice. Keep in mind that many states had rather outdated statutes on bestiality until relatively recently. One overly amorous equestrian and his case changed this.

I would advise writing to your state congressman about this issue. That's what I'm doing. Glad people are drawing attention to the issue.

The easy potential for rape aside, its still stupid because you could argue sexual favors can be used as a bribe.

I seriously doubt most non crooked cops would do this or even realise they could though. And I imagine word getting out at the office would hurt their career too.

Worgen:
Actually that is slight misleading.

https://www.snopes.com/fact-check/can-police-legally-rape-people-35-states/

No, if I had said rape people, that would be misleading. I did not say that however. The issue is it is difficult for a person in custody to prove the police officer raped them rather than have consensual sex. Then of course the fact that if a person is being detained by a police officer, that should never be considered consensual in the first place.

Snopes stated that they already have rape laws so a police officer cannot legally rape people. The reason it is " mixture" and not outright false is they claimed that a police officer could legally rape people, not that it is not illegal for a police officer to have sex with a person in custody. That is the issue here. The fact that the person is being detained should mean it is non consensual and the laws in those states do not necessarily say that is the case. Only a few of the states even have laws about conduct on duty and those states do not even necessarily address a person in custody or being questioned by an officer.

The reason they even made the case here in Texas about the contraband rather than the sex was that they did not have laws to prosecute them for the sex since they would have to redefine the law to include being in custody to be nonconsensual by default. It is an issue that should be addressed as the officers were not charged with rape here in Texas.

If the contraband had not been involved they may have only dismissed the offers, or even just suspended them, but they would not have been able to prosecute them, which often means they just go apply for a job at another police department instead.

That is just how this nworks in reality:
http://www.chicagotribune.com/news/nationworld/ct-police-officers-misconduct-fired-rehired-20170805-story.html

 

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