According to The Slot, there is no law in New York to criminalize police officers having sex with individuals in their custody.
The gap in the law came to light after two NYPD officers admitted to having sex with a teenage girl while in custody in September. The teen alleged that she had been raped, and she has the support of public officials.
New York City Councilman Mark Treyger, spoke of the case in an official statement. “I was also outraged when I read the commentary from the attorney representing the detectives claiming that the sex was consensual. There’s no consent to that,” he said. “That is rape.” However, he added that there is “no official law on the books that says that this can’t happen,” Treyger said.
Chaninat & Leeds are experts in Thailand child custody law
Article 130.05 of the New York State penal code states that people in custody are incapable of giving consent. However, it says nothing about the officers who have taken them into custody in this regard.
Treyger’s office is currently drafting a bill to make it illegal for officers to have sexual contact with those in their custody.
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