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Government·February 11, 2022·3 min read

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."

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

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).

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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:

https://youtu.be/XdvpQkD9dLA

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.

https://youtu.be/Jkappmow6U0

Gregory Waksmulski:

https://youtu.be/52ljEjD9eGg

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

https://youtu.be/eHVVfYG4qP4

Bella Robinson, esecutive director of COYOTE RI:

https://youtu.be/A93h5HxITZY

Jackie Goldman:

https://youtu.be/fEzuboYUNkY

Eden, a college student in Rhode Island:

https://youtu.be/hH5OgX9eNAc

Jaliyah Joseph:

https://youtu.be/XwPDjQERId0

Samy Amkieh:

https://youtu.be/B-e0A_RKMe0

Melissa Sontag Broudo, representing the SOAR Institute:

https://youtu.be/EUt4tPYlzps

Rebecca Cleary, staff attorney at Decriminalize Sex Work:

https://youtu.be/5NsOAwDyM_c

Sarah:

https://youtu.be/rQmHC6DHpSo

Libby Merrill:

https://youtu.be/r81f4c9-uiQ

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

https://youtu.be/nD2UraWGltM

Jordan Goyette:

https://youtu.be/UQZtYMoKd-E

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

https://youtu.be/F_F9FQJW07s

Andrew Poyant:

https://youtu.be/sb1Wt_vJrwE

Selene Means:

https://youtu.be/DUAP8bkEktA

Jonathan Daly-LaBelle:

https://youtu.be/NNZ5WZoCixI

Randall Rose:

https://youtu.be/cR0Yk188TZ8

Written Testimony:

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