A new law was signed into effect by Gov. Jeff Colyer banning police from having sex with the people they stop for traffic violations or investigate in criminal cases. The law specifically bans sexual relations "during the course of a traffic stop, a custodial interrogation, an interview in connection with an investigation, while the law enforcement officer has such a person detained."
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Kansas along with 33 other states, allows consensual sex between police and people in their custody until recently Kansas had a change of heart. Members of the House Judiciary Committee say they were shocked to find out it was not illegal. It was quickly signed into law by Gov. Jeff Colyer Thursday. The bill was introduced by Rep. Cindy Holscher, D-Olathe, who found out there was no law regarding sex between officers and people they arrest and investigate.
Holscher discovered the loophole after an investigation into the case of Lamonte McIntyre, a Kansas City man who spent 23 years in prison for a crime he didn't commit. The investigation led to multiple affidavits alleging that the detective who made the arrest, Roger Golubski, had a long history of coercing sex from the black woman in Kansas City by threatening to arrest them or their family if they didn't perform the acts.
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Holscher also said she was motivated by the recent case of a New York teen who claimed she was raped by two police officers while in custody but the two officers claimed the sex was consensual and therefore legal. Evidence to the contrary such as damage to her wrists from handcuffs, which the officers claimed she never was cuffed, and a rape kit test that tested positive for both officers' sperm resulted in a 50-count indictment against the two officers including charges of rape and kidnapping.
"This helps the person who was detained in their neighborhood or stopped for a ticket, that type of thing," Holscher said. "Those of us who have been there for a few years thought it was something that had already been taken care of in the law," said Rep. John Carmichael, D-Wichita. "She called me about this. I said, 'You mean it's not against the law?' She said, 'No, it's not,'" Carmichael explained. "I checked with the revisor of statutes and it was not specifically against the law in Kansas."
"Most officers are great guys and women who are working hard," Carmichael added, "but there's always the one."
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