Originally published at: https://boingboing.net/2017/11/27/lawyer-says-nine-nypd-officers.html
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Let’s start with that. Does NY have a voter process to introduce legislation?
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Seems like a federal law would be nice, too. Maybe Al Franken would introduce legislation? He needs some good PR about now.
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Agreed. It should be a federal law.
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It seems the Prison Rape Elimination Act of 2003 may cover this situation.
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IMHO, the “police brutality” tag doesn’t quite fit the story.
Wow. NYPD needs a law to prevent its officers from doing what any half ass decent person knows is wrong. Is there a recognized international human right to be free from being raped by one’s jailers. Why am I even asking that? If there is, I’m sure the U.S. doesn’t recognize it.
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Has the NYPD clarified exactly which part of the force’s ‘Protect and Serve’ mandate these nine officers (and their two colleagues) were fulfilling with this activity?
I’m sure that internal disciplinary procedures will do their work, though, and these nine scumbags can expect to receive a firm slap on the nothing some time in the future.
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Wow. I’m not sure that somebody who is in custody is meaningfully able to grant consent. You shouldn’t NEED any kind of law against this to at least summarily fire these guys once the evidence is in.
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If we’ve learned anything in the time of Trump it is that every single thing that seems “half ass decent person knows is wrong”, needs to be codified into law. There are no unwritten rules or things that somebody won’t do because it’s never been done before.
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That’s actually the motto of the LAPD, not a general police mandate. (Though other departments around the country have also adopted it, because they get their reality from movies/tv made in LA.) NYPD’s is… “Fidelis ad mortem.” I’m pretty sure that the “faithfulness unto death” is to other cops, not the public. So they’re living up to the motto!
I’d go one further than say that it’s impossible to give consent under those conditions. I mean, she was handcuffed and kidnapped (not taken to the police station) by armed men.
We also seem to be in the era of, “How is this not covered by existing laws!?” as well.
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Does it explicitly mention unmarked vans? They’re not traditional prisons, but the times are changing.
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You’re quite right. I had a brain fart, and mixed up the two.
The NYPD has “Courtesy Professionalism Respect” written on the sides of their cars (as I should very well know, given that I see it about ten times a day). Again, I’m not sure exactly which of these virtues was on display in this particular case.
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According to the wiki article PREA defines “prison” quite broadly and short-term lockups, such as holding facilities, and local jails, regardless of size, are also subject to the provisions of PREA. I don’t know about NYPD rape vans but I suppose they could be considered a holding facility.
IMO the problems we have had with bullshit legal technicalities and other legal shenanigans comes down to our recent shift towards “letter of the law” rather than “intent of the law” interpretation. We all know rape is wrong but current attitudes are that technicalities (T)rump morality.
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Perhaps it might help to imagine yourself in Chambers’ place. Does that change your opinion?
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Even more disgusting is it isn’t just NY. NH just let a deputy off because while there is a law that prison employees can’t have sex with inmates, a Sheriff transporting said inmate can.
http://www.concordmonitor.com/nh-supreme-court-sides-with-deputy-sheriff-accused-of-raping-inmate-10243058
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Police Monstrosity?
Police Don’t Give A Fuck Even When They’re Literally Fucking You?
Police Predation?
What tag would you suggest in place of “Police Brutality” 
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D’you know what? I’m feeling generous. I’m going to believe the cops 110%. Sure, she wanted it, and now she’s using it as a meal ticket. Sure.
They should still be shot.
Even if you take their fairytale version of reality at face value (something you need drugs, a head injury, or a membership in the fraternal order of police to do) they still had sex with someone they were arresting. Even if she offered a signed and notarized consent affidavit, it’s still a monstrous act because of the unspeakable power differential involved.
Jesus.
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Yeah, the choice of tags is very much a central issue in this story. Wise of you to discern it amid all of the abuse of power, bullying, intimidation, and rape involved.
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No, there is not a ballot initiative process in NY state. I assume that’s what you’re thinking of. In the Assembly and the Senate, bills can be introduced only by members (this is true of every state legislature, as far as I know).
As for a federal law, I don’t think it’s within the scope of criminal statutes Congress is authorized to make under the Constitution. Federal criminal jurisdiction has been expanded a lot over the years, but “general police power” is still reserved to the states (here’s a review of cases, if you’re interested).
Anyway, your local rep is probably more likely to take your call than any member of Congress.
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