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Bill aims to close 'loophole' in law involving sexual assault while in custody or detained

March 26, 2019

"DENVER — There are laws in Colorado to prevent police officers from taking advantage of their authority, but the law that helps prevent sexual assault says a victim can't consent if they are "detained in a jail, prison, or hospital," and Representative Leslie Herod (D-Denver) said this should be expanded."

 

"However, the time period before you get to behind bars, says a pedestrian stop or a traffic stop is not covered in current law," Rep. Herod said."

 

"HB19-1250, which passed through the House Judiciary Committee last week, would add three more instances of law enforcement encounters where consent could not be used as a defense for an officer."

  • "When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties;

  • When the peace officer knows at the time of the unlawful sexual conduct that the victim is the subject of an active investigation; or

  • When the peace officer makes any show of authority in connection with the unlawful sexual conduct."

 

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