Bayside Politician Poses Law To Ban Cops From Having Sex On Duty

BAYSIDE, QUEENS -- The way New York state law is written, nothing prevents a police officer from having "consensual" sex on duty with someone in their custody.

New York State Assemblyman Edward Braunstein (D-Bayside) told Patch he hopes to change that with a new bill that would make any sexual contact between a police or peace officer and those in their custody a felony. He said the bill, unveiled on Friday, would expand a law that already bans corrections or parol officers from sexual contact with their detainees.

While there are laws explicitly stating that inmates aren't able to giving sexual consent to corrections officers and prison workers, and parolees are unable to give consent to parole officers, no such provisions exist for those in custody of police or peace officers, Braunstein said.

"If you’re a corrections officer and you have sex with somebody, it’s a felony. If you’re a probation officer and you have sex with someone under your authority, it’s a felony, but for police officers there’s no crime," he said. "It’s like a loophole. We’re trying to pass legislation that would just close that loophole."

The posed amendment comes after two narcotics detectives in Brooklyn allegedly raped a teenager in their custody and claimed the sex was consensual. The detectives, who have since resigned from the force, were indicted on charges including rape, kidnapping and bribery in early November, Patch previously reported.

Braunstein's statewide bill comes alongside similar legislation posed at the city level by Councilman Mark Treyger, who represents the city's 47th district - including Coney Island where the alleged officer rape occurred.

Treyger's legislation would prohibit any sexual contact between police or peace officers and individuals in their custody. It would make any such crime a misdemeanor, the maximum penalty allowed under New York City law.

“We need strong laws on the books to ensure that law enforcement officers who abuse their power and sexually assault someone in their custody can never again claim consent as a defense," Treyger said.

While Treyger said he commended Kings County District Attorney for quickly bringing charges against the two detectives accused of the Coney Island rape, he said the teenager will still be forced to relieve trauma from the crime publicly as the case moves to trial. He said his legislation would help prevent such incidents by explicitly stating that "there can be no meaningful consent when you are in the custody of a law enforcement officer."

Braunstein commended Treyger for bringing attention to the issues and posing a solution at both city and state levels, saying he was "shocked" the two NYPD officers could have offered the defense that the sex consensual in the first place.

"The power dynamic between someone in custody and the officers themselves is such that the person in custody is powerless to consent to sexual activity," he said.

Lead photo via the office of Assemblyman Edward C. Braunstein.