S 2157Police & Prisons

Criminal Offenses - Law Enforcement Sexual Misconduct

This bill makes it a crime for on-duty police officers to have sexual contact with people in their custody.

Held for study

Population
Affected

Introduced Jan 16, 2026Committee Senate Judiciary

Plain-English Summary

This legislation creates a new chapter in the state criminal code specifically addressing sexual misconduct by law enforcement officers. It establishes two new crimes: "law enforcement sexual penetration" and "law enforcement sexual contact." These offenses apply when a peace officer engages in sexual acts while on duty with an individual who is detained, arrested, held in custody, or being questioned. The bill explicitly states that a victim's consent is not a legal defense for the officer. Penalties include imprisonment of up to five years for penetration and up to eighteen months for sexual contact.

For younger readers

This new rule says that police officers are not allowed to do anything sexual with people they are helping, questioning, or arresting. Police officers have a lot of power, so the law says this behavior is wrong even if the other person says "yes" at the time. If a police officer breaks this rule while they are working, they can get in trouble and go to jail. This law is made to make sure people stay safe and are treated fairly when they are with the police.

Who & Where It Applies

Impacted groups

Peace officersDetaineesArrest suspectsCrime victimsInmates

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Acknowledges the inherent power imbalance between police and civilians by removing "consent" as a valid legal defense for officers who engage in sexual acts with detainees.
Provides a specific legal mechanism to hold law enforcement accountable for predatory behavior, potentially reducing instances of sexual violence within the criminal justice system.
Protects vulnerable populations, including those in custody or under investigation, who are disproportionately likely to be targets of coercion and abuse by authority figures.
Mandates that sentences run concurrently with other sentences in the same case, which effectively nullifies additional prison time if the officer is convicted of other related crimes simultaneously.
The maximum penalty of five years for sexual penetration by a person in a position of authority may be viewed as too lenient compared to the severity of the trauma inflicted.
Includes an affirmative defense allowing officers to claim the victim forced or coerced them, which could be utilized to victim-blame or complicate prosecution.

For Conservatives

Strengthens the rule of law by establishing clear ethical boundaries for public servants and ensuring that those enforcing the law are held to high standards of conduct.
Protects citizens from government overreach and abuse of power by state agents who have deprived individuals of their liberty.
Helps maintain the integrity and public reputation of law enforcement agencies by criminalizing conduct that disgraces the profession.
The removal of consent as a defense could be viewed as government overreach into personal interactions if interpreted too broadly, though the context is restricted to custody/duty.
Could be perceived as legislation driven by anti-police sentiment, potentially discouraging individuals from entering the law enforcement profession due to fear of increased legal liabilities.
The affirmative defense places the burden of proof on the officer to prove they were coerced, which some may view as shifting the traditional burden of justice in complex scenarios.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 34 additions

SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby amended by adding thereto the following chapter: 11-71-1. Definitions. The following words and phrases, when used in this chapter, have the following meanings:

(1) "Force or coercion" shall have the same meaning as in § 11-37-1.

(2) "Peace officer" shall have the same meaning as in § 12-7-21.

(3) “Sexual contact” shall have the same meeting as in § 11-37-1.

(4) “Sexual penetration” shall have the same meaning as in § 11-37-1. 11-71-2. Law enforcement sexual penetration prohibited.

(a) A person is guilty of law enforcement sexual penetration if:

(1) He or she is a peace officer; and

(2) Engages in sexual penetration during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.

(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed five (5) years.

(c) It shall be an affirmative defense that the act of sexual penetration resulted from force or coercion by the alleged victim or victims.

(d) Consent of the victim shall not be a defense to a prosecution under this section.

(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case. 11-71-3. Law enforcement sexual contact prohibited.

(a) A person is guilty of law enforcement sexual contact if:

(1) He or she is a peace officer; and

(2) Engages in sexual contact during the course of duty with another person who has been seized, is detained, has been placed in custody, has been placed under arrest, is confined in a correctional or law enforcement facility or vehicle, and/or is the subject of an investigation or questioning.

(b) A person convicted of a violation of this chapter shall be punished by imprisonment for a period not to exceed eighteen (18) months.

(c) It shall be an affirmative defense that the act of sexual contact resulted from force or coercion by the alleged victim or victims.

(d) Consent of the victim shall not be a defense to a prosecution under this section.

(e) Any sentence imposed under this chapter shall run concurrently with any other sentence imposed for the same case.

SECTION 2. This act shall take effect upon passage.