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Dear friends,
In September 2017, two plainclothes NYPD detectives detained 18-year-old Anna on a minor drug charge. While they let her two male friends go, they led Anna, handcuffed, to the back of an unmarked van and drove around while taking turns raping her. Eventually, they dropped her off on the side of the road — with no arrest, no citation, and no paperwork filed to record the event.
Anna assumed this was a clear cut case of police misconduct, but it turns out that, legally, it wasn't. The incident highlighted a terrifying legal loophole: at the time in New York, and 34 other states, police could claim that a sexual encounter — including a rape — was consensual in order to avoid sexual assault charges. These states don't even have laws to specifically prohibit police officers from having sex with someone in their custody.
Since then, New York, Maryland, and Kansas have done the right thing and passed legislation to make it illegal for police officers to use their badge and the power that comes with it to coerce vulnerable folks into sex. When someone is in custody of the police, there is an immediate imbalance of power making consent by the detainee impossible.
Police sexual assault and other misconduct is a serious problem. According to a disturbing investigation by the Associated Press, 990 law enforcement officers lost their jobs for sexual transgressions between 2009 and 2014. But that's just police who were caught and punished for their crimes. Countless others have gotten away with rape, assault and misconduct, either because their victims were too scared to come forward or because they were protected by a corrupt system.
Thank you,
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Lauren W. The Care2 Petitions Team
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