This bill adds a new section to Chapter 11-37 of the General Laws entitled "Sexual Assault" that establishes the offense of custodial sexual assault. Custodial sexual assault occurs when a peace officer engages in sexual penetration with a person who is detained, in custody, under arrest, confined in a correctional or law enforcement facility, in a work release program, or on probation, parole, or other form of conditional or supervised release. The peace officer must have responsibility for the detention, custody, arrest, or confinement of the victim or know, or reasonably should know, that the victim is under such custody, detention, arrest, confinement, or in a work release program. The offense carries a maximum penalty of three years imprisonment. The bill also provides an affirmative defense if the act of sexual penetration resulted from force or coercion by the other person.

This bill adds a new section to Chapter 11-37 of the General Laws entitled "Sexual Assault" that establishes the offense of custodial sexual assault. Custodial sexual assault occurs when a peace officer engages in sexual penetration with a person who is detained, in custody, under arrest, confined in a correctional or law enforcement facility, in a work release program, or on probation, parole, or other form of conditional or supervised release. The peace officer must have responsibility for the detention, custody, arrest, or confinement of the victim or know, or reasonably should know, that the victim is under such custody, detention, arrest, confinement, or in a work release program. The offense carries a maximum penalty of three years imprisonment. The bill also provides an affirmative defense if the act of sexual penetration resulted from force or coercion by the other person.