Monday, October 30, 2017
Jezebel (October 25, 2017): It's Still Technically Not Illegal For NYPD to Have Sex With Someone in Custody, by Prachi Gupta:
Under New York State law it is legal for police or other law enforcement to have sex with someone in their custody. This "loop-hole" is coming to light after two NYPD officers admitted to having sex with a teenage girl in their custody.
New York City Councilman Mark Treyger whose district the incident occurred in says he was outraged and disturbed when the attorney for the two officers alleged that the sex was consensual. Treyger states, "there’s no consent to that...that is rape".
The New York State Penal Code does have laws to protect individuals from sexual abuse in certain aspects of the criminal justice system including: "those incarcerated or under the community supervision of corrections workers, health care providers, parole officers". However, this does not protect individuals in custody from an arresting officer. A NYPD spokesperson explained that it is against the department's policy to have sex while on duty.
Councilman Treyger is currently working on a bill that would make this type of crime a misdemeanor offense in the city, and plans to ask the NYS legislature to amend the penal code to make it a felony for a police officer to have sex with someone in their custody.
Mayor Bill de Blasio was asked about the incident at a press conference, while he did not comment on the allegations he did state regarding the claim that the girl gave consent in handcuffs, "I don’t see how that’s possible, honestly".
"After Treyger’s office submits a draft of the bill, it will be assigned to a committee. There will be a public hearing, and then it will enter into negotiations with the administration. The committee will then vote on the bill and send it to the council". If passed it will end up on Mayor De Blasio's desk to be signed into law.