Fact check: Sex between police officers and their detainees isn't illegal in many states...including Massachusetts...
Claim: In 35 states police can legally have sex with, and rape, detainees if they claim it was consensual.
As all eyes are on police reform, a viral tweet is bringing new attention to the controversial police “consent loophole” BuzzFeed News made famous in 2018.
“in case you weren’t aware 35 out of 50 states allow a police officer to have sex with (and rape) someone they detain while in police custody and long as the officer claims it was consensual,” @cuddlesandcoke tweeted June 5. https://www.usatoday.com/story/news/factcheck/2020/07/09/fact-check-police-detainee-sex-not-illegal-many-states/5383769002/''
Since then several more states, including Colorado, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, New Hampshire, Pennsylvania, Rhode Island, South Carolina and Texas, have taken steps to close this loophole.
Congress introduced the Closing the Law Enforcement Consent Loophole Act of 2019, which would criminalize sexual conduct between federal law enforcement officers and individuals in their custody. The bill is under consideration by the U.S. House Judiciary Committee.
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