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Dozens testify to ban sex between law enforcement and those in their custody

“In Rhode Island, as we stand today, it is still legal for law enforcement to sexually assault people who have been arrested, detained or in their custody,” said Representative Henries. “That also includes people who oversee probation as well as parolees… In power dynamics such as this, with law enforcement and authority, there is no such thing as consent. Permission is compromised in the face of authority.”

Rhode Island News: Dozens testify to ban sex between law enforcement and those in their custody

February 11, 2022, 2:36 pm

By Steve Ahlquist

Dozens of people testified in a favor of a bill to criminalize law enforcement officers engaging in sexual acts with those in their custody at the House Judiciary hearing last night. House bill 6637, sponsored by Representative Brianna Henries (Democrat, District 64, East Providence, RI Rank #3), establishes criteria for the criminal offense of sexual assault when the victim is in the custody of a peace officer and provides that a person convicted of custodial sexual assault would face imprisonment for not more than three years.

“In Rhode Island, as we stand today, it is still legal for law enforcement to sexually assault people who have been arrested, detained or in their custody,” said Representative Henries. “That also includes people who oversee probation as well as parolees… In power dynamics such as this, with law enforcement and authority, there is no such thing as consent. Permission is compromised in the face of authority.”

Representative Henries said she is often asked, “Is this actually a problem that we’re having? Is this something that we need to address?” In response, Representative Henries points to correctional officer Justin Toye, who was arraigned in December for having sex with an inmate at the Adult Correctional Institutions (ACI).

According to testimony provided, those most often sexually victimized by law enforcement are people of color, sex workers, LGBTQ people and immigrants.

You can watch Representative Henries introduce her bill here:

RI 2022 H6637 01 Testimony on a bill to prevent law enforcement from having sex with those in custod

In all, 19 people testified in person or over the phone in favor of the bill. 27 people and organizations submitted written testimony. No one testified against the bill. One surprise: no one representing law enforcement testified that the bill needed to be amended. Despite this overwhelming support the bill was held for further study. House Judiciary Chair Robert Craven and Representative Jason Knight seemed to endorse the idea of the bill, but said the bill needed to be amended. Senator Samuel Bell is sponsoring the Senate version of the bill.

Here’s all the video testimony, followed by the written testimony:

Michael, with a difficult story about a time a boss coerced him into sex.

RI 2022 H6637 02 Testimony on a bill to prevent law enforcement from having sex with those in custod

Gregory Waksmulski:

RI 2022 H6637 03 Testimony on a bill to prevent law enforcement from having sex with those in custod

Harrison Tuttle, executive director of the Black Lives Matter RI PAC:

RI 2022 H6637 04 Testimony on a bill to prevent law enforcement from having sex with those in custod

Bella Robinson, esecutive director of COYOTE RI:

RI 2022 H6637 05 Testimony on a bill to prevent law enforcement from having sex with those in custod

Jackie Goldman:

RI 2022 H6637 06 Testimony on a bill to prevent law enforcement from having sex with those in custod

Eden, a college student in Rhode Island:

RI 2022 H6637 07 Testimony on a bill to prevent law enforcement from having sex with those in custod

Jaliyah Joseph:

RI 2022 H6637 08 Testimony on a bill to prevent law enforcement from having sex with those in custod

Samy Amkieh:

RI 2022 H6637 09 Testimony on a bill to prevent law enforcement from having sex with those in custod

Melissa Sontag Broudo, representing the SOAR Institute:

RI 2022 H6637 10 Testimony on a bill to prevent law enforcement from having sex with those in custod

Rebecca Cleary, staff attorney at Decriminalize Sex Work:

RI 2022 H6637 11 Testimony on a bill to prevent law enforcement from having sex with those in custod

Sarah:

RI 2022 H6637 12 Testimony on a bill to prevent law enforcement from having sex with those in custod

Libby Merrill:

RI 2022 H6637 13 Testimony on a bill to prevent law enforcement from having sex with those in custod

Nwando Ofokansi, from the Woonsocket Alliance to Champion Hope (WATCH):

RI 2022 H6637 14 Testimony on a bill to prevent law enforcement from having sex with those in custod

Jordan Goyette:

RI 2022 H6637 15 Testimony on a bill to prevent law enforcement from having sex with those in custod

Wendy Becker, testifying on behalf of the faculty of the Social Work Department of Rhode Island College:

RI 2022 H6637 16 Testimony on a bill to prevent law enforcement from having sex with those in custod

Andrew Poyant:

RI 2022 H6637 17 Testimony on a bill to prevent law enforcement from having sex with those in custod

Selene Means:

RI 2022 H6637 18 Testimony on a bill to prevent law enforcement from having sex with those in custod

Jonathan Daly-LaBelle:

RI 2022 H6637 19 Testimony on a bill to prevent law enforcement from having sex with those in custod

Randall Rose:

RI 2022 H6637 20 Testimony on a bill to prevent law enforcement from having sex with those in custod

Written Testimony: