An 18-Year-Old Said She Was Raped While In Police Custody. The Officers Say She Consented. She thought it would be a simple case. She had no idea she lived in one of 35 states where officers can claim a detainee consented.

submitted by magnora7 from (buzzfeednews.com)

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[–]magnora7[S] 5 insightful - 1 fun5 insightful - 0 fun6 insightful - 1 fun -  (11 children)

That's pretty demented, that police can claim a detainee consented in 35/50 states? Why is that law allowed at all? This is yet another instance of police having too much power and not enough accountability.

[–]Canbot 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (9 children)

There is no law that allows it. Consensual sex is by default allowed. You need to pass a law specifically to disallow consensual sex in specific instances. This has nothing to do with police power, everyone is allowed to have consensual sex.

[–]whereswhat 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (4 children)

Wow. Do you seriously think this was acceptable behavior?

[–]Canbot 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (3 children)

Not at all what I said or even implied. I am just pointing out what is being deceitfully hidden to create a false sense of what happened. If you denounce this act on ignorant grounds you are worse than someone who stays silent because you devalue the legitimate criticisms. You are easily proven wrong and sully everyone else who speaks out by association. Make your arguments on solid grounds. Don't ever take people revealing the truth as your enemies even when the truth is not something that supports your stance.

[–]whereswhat 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (2 children)

Thanks for the clarification, I am glad to hear that. Still not sure what you are trying to get at with your comment though. Are you saying we need a new law to charge a police officer who has "consentual" sex with someone they are detaining?

Also, wtf am I "proven wrong" on? I didn't even claim anything...

[–]Canbot 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (1 child)

I think it should be prohibited to have sex on the job, as it is with every job. And if someone is in custody, that should be considered statutory rape as they are by default being coerced. Even consensual sex to get out of a ticket should be considered rape.

[–]whereswhat 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

I could not agree more.

Please forgive my ignorance on this: surely we already have laws on the books to prevent any type of sex with someone whilst they are detained, right?

[–]magnora7[S] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (3 children)

I think you're misunderstanding the article... give it a read

[–]Canbot 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (2 children)

But Anna didn’t know that 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.

I did. You need to read it yourself. The article itself is biased and fallaciously claims that this is a "loophole". Not having a law preventing something is not a loophole. You were bamboozled by a deceitful author.

[–]magnora7[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

I never said it was a loophole. I said the law is morally wrong. You're misrepresenting my argument

[–]Canbot 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

The article calls it a loophole. The one you told ME to read. And there is no law.

[–]FormosaOolong 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (0 children)

Seriously, it's unfathomable. Common sense would have us believe this could never be possible.

It's one aspect of the insanity of a "judicial" system that has so many statutes, codes, laws, etc that it takes teams of lawyers and law libraries the size of entire rooms just to decode it. How is that fair? How is anyone who is not a millionaire supposed to have a chance?