Sexual coercion by police

Police Rape Loophole

People in police custody can not freely consent to sex, but in many states there is a legal loophole that permits law enforcement to claim that sex with people they have detained is consensual. All 50 states have banned sexual relations between prison guards and people in prison. The same laws should exist to protect those detained by the police.

last updated: March 2022

35 States & Federal Officers

Ended the Police Rape Loophole


15 States

police can claim consent with detainees

Recent Legislation

2022

Wisconin

Federal

  • Congress passed the Closing the Law Enforcement Consent Loophole Act as part of the Consolidated Appropriations Act, 2022, prohibiting federal officers from engaging in sexual acts with people under arrest of in custody. 

2021

Kentucky

Missouri

  • Enacted a broad criminal legal bill, which expanded a sexual misconduct law by adding protections for people detained by police

2020

Virginia

Pennsylvania

Massachusetts

  • Passed a police accountability bill which expanded the definition of rape to include sexual intercourse between police and someone in their custody 

Policy Momentum