Joyce cosponsors bill to end sexual consent loophole for federal law enforcement

U.S. Rep. Dave Joyce (R-OH) on Monday signed on as a cosponsor of a bill that would make it illegal for federal law enforcement officers to have sex with a detainee in their custody, and claim the encounter was consensual. A violator would be subject to a fine, a prison term of up to 15 years, or both.

“The law should be an equalizing force in our country, and those who are in charge of enforcing it wield an immense amount of power,” said Rep. Joyce. “As I learned long ago when I became a prosecutor, with great power comes great responsibility.”

Rep. Joyce cosponsored the Closing the Law Enforcement Consent Loophole Act of 2019, H.R. 1574, which was introduced in March 2019 by U.S. Rep. Jackie Speier (D-CA). The bill also would authorize the U.S. Department of Justice to make grants to states that have similar laws in effect, according to the congressional record summary, which notes that grants must be used for the same purposes as formula grants under the STOP Violence Against Women Program and the Sexual Assault Services Program.

“While it’s illegal in Ohio, federal law enforcement officers, as well as police officers in the majority of states, can claim a sexual encounter with someone in their custody was consensual,” Rep. Joyce said. “As there is an inherent imbalance of power and authority between an officer and detainee, there is no situation in which consent could be distinguished from coercion. This dangerous loophole allows bad actors in law enforcement to claim consent as a viable defense against accusations of sexual assault and rape, and it must be closed.”

H.R. 1574 has 27 other cosponsors, including U.S. Rep. Troy Balderson (R-OH), and is under consideration by the U.S. House Judiciary Committee.

“I strongly urge my conservative colleagues to join me in reaching across the aisle to increase accountability in our justice system,” said Rep. Joyce, who is a co-founder and co-chair of the House’s Bipartisan Task Force to End Sexual Violence.