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.”
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:
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.
Gregory Waksmulski:
Harrison Tuttle, executive director of the Black Lives Matter RI PAC:
Bella Robinson, esecutive director of COYOTE RI:
Jackie Goldman:
Eden, a college student in Rhode Island:
Jaliyah Joseph:
Samy Amkieh:
Melissa Sontag Broudo, representing the SOAR Institute:
Rebecca Cleary, staff attorney at Decriminalize Sex Work:
Sarah:
Libby Merrill:
Nwando Ofokansi, from the Woonsocket Alliance to Champion Hope (WATCH):
Jordan Goyette:
Wendy Becker, testifying on behalf of the faculty of the Social Work Department of Rhode Island College:
Andrew Poyant:
Selene Means:
Jonathan Daly-LaBelle:
Randall Rose:
Written Testimony:
- 02-10-2022–H6637–Wendy Becker, MSW, PhD LGBTQ Action RI
- 202102-10-2022–H6637–Tracy R. MacDonald
- 02-10-2022–H6637–The Ishtar Collective
- 202102-10-2022–H6637–Sophie Hmiddouche
- 02-10-2022–H6637–Randall Rose
- 02-10-2022–H6637–Randall Rose additional testimony
- 02-10-2022–H6637–Paul Wnuk
- 02-10-2022–H6637–Nancy Green, RN, CCM
- 02-10-2022–H6637–Melissa Sontag Broudo, JD, MPH Soar Institute
- 202102-10-2022–H6637–Mary Pendergast
- 202102-10-2022–H6637–Marianne Verrone
- 02-10-2022–H6637–Lee Rodman
- 02-10-2022–H6637–Lauren Pothier
- 02-10-2022–H6637–Laurel Leake
- 202102-10-2022–H6637–Kaleb Pereira
- 02-10-2022–H6637–Jordan Goyette
- 202102-10-2022–H6637–Jocelyn Foye, WOMXN PROJECT
- 02-10-2022–H6637–Jacqueline Goldman
- 202102-10-2022–H6637–ESPLER Project Inc
- 02-10-2022–H6637–Emma Gauthier, The Womxn Project
- 02-10-2022–H6637–Decriminalize Sex Work
- 02-10-2022–H6637–Day One
- 02-10-2022–H6637–Day One
- 202102-10-2022–H6637–Clara Hardy
- 02-10-2022-H6637–Christine Rigo 2021
- 02-10-2022–H6637–Betsy Alper, LICSW
- 02-10-2022–H6637–Bella Robinson
- 02-10-2022–H6637–Bella Robinson, Coyote RI
- 02-10-2022–H6637–Bella Robinson, Coyote RI 2021
- 02-10-2022–H6637–Ashley Russell
- 02-10-2022–7138–Elizabeth Cowan