Closes Loophole that Currently Does Not Prohibit Sexual Contact Between Police Officers and Individuals Under Arrest or Currently Detained
Governor Andrew M. Cuomo today announced he is advancing a 30-day budget amendment to prohibit sexual contact between police officers and those in custody.
"There must be zero tolerance for sexual abuse and harassment across the board, and especially among those in positions of authority," Governor Cuomo said. "This common sense reform closes an egregious loophole and helps protect against abuse in our justice system."
Under current law, incarcerated individuals cannot give consent to corrections officers or probation officers, but the law does not apply to sexual activity between police officers and those who are detained or otherwise in custody. This legislation will amend the law to expressly include police officers.
The budget amendment builds upon legislation advanced in both houses of the legislature to establish incapacity to consent when a person is detained or otherwise in custody.