# Plain Language Summary: Closing the Law Enforcement Consent Loophole Act of 2021

Right now, there's a legal gap that allows law enforcement officers to have sexual contact with people they've arrested or are holding in custody, and in some cases claim it was consensual. This bill closes that loophole by making it a federal crime for any law enforcement officer to engage in sexual activity with someone who is under arrest, in detention, or in their custody. If an officer is caught doing this, they can face up to 15 years in prison and fines. The key part: even if the person in custody says they agreed to it, that's not a legal defense anymore. The law recognizes that someone in police custody can't truly consent because of the power imbalance—the officer has complete control over their freedom and safety.

The bill also pushes states and local police departments to pass their own laws against this behavior. Starting one year after the law passes, any state or local police department that doesn't have a law on the books prohibiting officers from sexual contact with people in custody will lose federal grant money they normally receive for law enforcement programs. This creates a strong incentive for every state and city to criminalize this conduct and make sure "consent" isn't accepted as a defense. Police departments that do receive these grants will also have to report to the federal government how many complaints they receive about officers engaging in sexual misconduct and what happens to those cases.

The bill also requires the Attorney General and the Government Accountability Office to report to Congress every year about how many federal law enforcement officers have been accused of this crime and what the outcomes were. This transparency requirement helps ensure the problem is being tracked and addressed at the federal level. Overall, the bill treats sexual contact between officers and people in their custody as a serious crime that can't be excused by claiming the other person wanted it, and it holds both federal and state law enforcement accountable.

Closing the Law Enforcement Consent Loophole Act of 2021

Speier, Jackie

Closing the Law Enforcement Consent Loophole Act of 2021 This bill establishes a framework to prohibit law enforcement officers at the federal, state, and local levels from engaging in sexual acts with individuals who are in custody. At the federal level, the bill makes it unlawful for a federal law enforcement officer who is acting under color of law to engage in a sexual act with an individual who is under arrest, in detention, or in custody. Consent is not a defense to prosecution for unlawful conduct. A violator is subject to criminal penalties&#8212;a fine, a prison term of up to 15 years, or both. At the state and local level, the bill conditions eligibility for funds under the Community Oriented Policing Services program on the enactment of a similar law.