Cops Having Sex With Detainees Should Always Be Considered Rape, Say New York Politicians

A legislative shift is no doubt important to preclude even an attempt at a consent defense in future cases like Chambers’s. But cops who rape do not necessarily do so thinking they can later claim consent in court. Could this be two cops scrambling to make a consent claim to avoid the consequences of their behavior? As Acting Brooklyn District Attorney Eric Gonzalez said at the officers’ arraignment on Monday, “To think that these are grown men in a position of power, who are blaming this on an 18-year-old girl, speaks in my opinion to desperation.”

The D.A.’s comment, while a recognition of the problem of coercive police power at play here, expressed a view that the officers were clutching at straws in the face of evidence. A hospital rape kit found Hall’s and Martins’s DNA on Chambers and, according to the teen’s attorney Michael David, two witnesses saw her handcuffed and put into the police car. If claiming consensual sex is a move, as the D.A. suggested, of desperation, then the officers must have been relying more on Chambers’s silence than on a legal loophole around rape in custody. And the power imbalances and historic impunity that produce a presumption of victim silence are as much the problem as the need for a legislative fix.

For full story visit: https://theintercept.com/2017/11/02/nypd-rape-charges-new-york-law/

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Filming Cops
Filming Cops 3206 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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