Pennsylvania lawmakers have been pushing a Bill that would outlaw sexual contact between a police officer and a person in custody. Right now in Pennsylvania, a police officer accused of sexually assaulting a person in custody can use sexual consent as a defense in court. House Bill 1807, also known as the No Consent in Custody Bill, would take that defense away.

“It is not okay for law enforcement to use consent as defense for sexual assault charges. It shouldn’t be okay. And for that…I’m still dumbfounded that we’re even having to have a press conference on this. I am livid,” says Rep. Chris Rabb (D-Philadelphia).

HB1807, sponsored by Rep. Rabb, would expand the definition of institutional sexual assault to include law enforcement and persons in custody. It would eliminate the defense of sexual consent, and make any sexual contact between an officer and person in custody a third-degree felony.Companion legislation has been introduced in the Senate as well by Senator Katie Muth (D- Berks, Chester, Montgomery).

“The definition of rape and sexual assault should not be forgotten because a law enforcement officer uses the defense of consensual activity when they violate, harm, and threaten the person in their custody,” Senator Muth says. “Let us be clear that there cannot be consent when you are in the custody of law enforcement,” she adds.

Currently, Pennsylvania bars sexual contact between prison guards and inmates, as well as mental health professionals and patients. But there is no such law in place for police officers and individuals in custody. Supporters say closing this loophole would better protect citizens of the Pennsylvania.

“We know that our law enforcement is here to protect and to serve, to to abuse their power, not to take advantage, not to rape, not to sexually assault,” explains Larry Krasner, District Attorney for the City of Philadelphia.

House Bill 1807 has been sitting in the House Judiciary Committee since September. No word on when the Committee plans to hold a vote on the Bill.