There is no sexual consent while under police custody
Mark Treyger
1001

I don’t get how anyone can think this is actually legal sex.

Article 130.05 of New York's Penal Laws defines being physically helpless as one of the conditions under which someone cannot give sexual consent.

Article 130.35 defines non-consensual sex due to being physically helpless as first degree rape.

First degree rape is a violent class B felony. The entire point of handcuffing someone is to render them physically helpless. First degree rape carries a sentence of 5–25 years in prison.

It does not matter under the laws of the state of New York whether someone verbally gives consent while physically helpless, since the law negates that consent. Since the officers claim she verbally consented while in handcuffs, that is a de facto confession to first degree rape!

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