Prohibits members of law enforcement from engaging in sexual penetration with individuals in their custody. The act also provides that a person convicted of custodial law enforcement sexual penetration would face imprisonment for not more than 3 years.
Summary
S0299 creates a new criminal offense called "custodial law enforcement sexual penetration" in Title 11 of the Rhode Island General Laws. The bill makes it a crime for a peace officer to engage in sexual penetration with a person who has been seized, detained, arrested, confined in a correctional or law enforcement facility or vehicle, or otherwise placed in custody. It also applies when the officer supervises the person’s parole, probation, or community confinement.
The bill defines key terms by cross-reference to existing sexual offense and law enforcement statutes, and it sets a maximum penalty of up to three years’ imprisonment. It also provides that a conviction under this new chapter is not subject to chapter 37.1 of Title 11, includes an affirmative defense if the act resulted from force or coercion by the alleged victim, and requires any sentence imposed to run concurrently with any other sentence in the same case. The act would take effect immediately upon passage.
Impact
This bill would add a new standalone criminal statute in Rhode Island law specifically targeting sexual penetration by law enforcement officers in custodial or supervisory relationships. It would expand the state’s criminal code by creating chapter 71 of Title 11 and would affect peace officers, correctional or law enforcement personnel, and officers supervising parolees, probationers, or individuals in community confinement. The bill would also interact with existing sexual offense definitions and law enforcement definitions by incorporating them by reference, while carving this offense out from chapter 37.1’s provisions.
Sentiment
The available context suggests generally supportive sentiment toward the bill, with the sponsors framing it as a measure to prohibit sexual conduct by law enforcement officers with people in their custody. There are no recorded committee transcripts or votes showing opposition or amendment debate, so the public record provided here does not show significant controversy. The bill’s introduction by multiple senators indicates a broad initial coalition of support.
Contention
The main policy issue is the scope of the prohibition and how it applies to custodial and supervisory relationships, including parole, probation, and community confinement. Another possible point of contention is the relatively modest maximum penalty of three years’ imprisonment, which may be viewed by some as too lenient or, by others, as an appropriate felony-level sanction. The bill also includes an affirmative defense based on force or coercion by the alleged victim, which could raise questions about evidentiary standards and how the offense is distinguished from other sexual offense statutes.