Police Officers Can't Rape People and Claim There Was 'Consent' Anymore
, a feature of the recent appropriations bill. The law will also require states that receive certain federal grants to report theall states
that prohibit prison and jail guards from engaging in sexual activities with people who are incarcerated, BuzzFeedin 2018 that there are laws in 35 states that allow police officers to claim that a person in custody consented to sex with them. Between 2006 and 2016, the outlet found that at least 26 of 158 law enforcement officers who had been charged with sexual assault and unlawful sexual contact with people they had detained had invoked the “consent defense.
On the most basic level, that such a defense could even exist undermines the power dynamics between an officer and someone they’ve arrested. Such a situation renders it impossible for someone to freely give consent. How we talk about the consent defense loophole, couching it in language that frames officer-perpetrated sexual abuse as “sex” between a cop and someone in their custody, dangerously obscures the reality that sexual violence is about power and exploitation rather than sex.
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