The Legal Term For...

[theravenfox]

Does anyone know the legal term for a police officer forcing a person to have sex and threatening to arrest them if they don't cooperate? Is it extortion or is there a more concise term for that particular situation.

(You'll never guess the premise of the audio I'm working on currently )

 

[uberundunter]

I was a lawyer, I was a cop, and then I was a lawyer again. Somewhere in the middle of that, I was a part-time criminal magistrate. Having said that, I regret that I have to answer the way a lawyer would (gray and fuzzy), instead of like a cop.

It all depends.

In the U.S., criminal codes vary from state to state, both in terms of specific content and in terms of what they call the offenses. Hack of an arm, and California calls it "mayhem," while Georgia would call it "aggravated battery."

 

[sr71plt]

I would think it would have to have another term on top of either "mayhem" or "sexual battery." It goes on to some form of blackmail/extortion.

 

[theravenfox]

Thanks for the reply but I'm probably just going to go with "extortion."

 

[uberundunter]

I was a lawyer, I was a cop, and then I was a lawyer again. Somewhere in the middle of that, I was a part-time criminal magistrate. Having said that, I regret that I have to answer the way a lawyer would (gray and fuzzy), instead of like a cop.

It all depends.

In the U.S., criminal codes vary from state to state, both in terms of specific content and in terms of what they call the offenses. Hack of an arm, and California calls it "mayhem," while Georgia would call it "aggravated battery."

I've known of a couple of cases where cops were prosecuted for what you describe. The surest way to get a conviction (in Georgia, anyhow) is to charge the cop with Violation of Oath of Office. But, for both literary purposes and to use a charge that would fit many or most state laws, I would go with Solicitation of Bribery- the cop is asking for a service to which he is not entitled, in return for agreeing to withhold from an action as a public official.

The problem with using extortion is that many states define it as a form of property theft, as the threat usually is aimed at pressuring some one to turn over money, a deed to property, or whatever. Plus, what the cop is threatening to do something he had an taken an oath to do, anyway.

No, I think bribery is the best fit.

 

[sr71plt]

Isn't bribery more something you give someone to make them do something for you? I don't think she has getting herpes for services demanded in mind.

Why would bribery be better than blackmail?

bribe: "money or favor given or promised in order to influcence the judgment or conduct of a person."

blackmail: "extortion or coercion by threats esp of public exposure or criminal prosecution."

extortion: "the act or practice of extorting esp. money or other property: esp. the offense committed b an official engaging in such practice."

 

[loquere]

State v. Knight (2000), 140 Ohio App. 3d 797 -- Police officer was convicted of bribery for soliciting sex acts in the course of his duties. (1) Passenger was offered a ride home after driver was arrested, but told to get out of the cruiser when she refused sexual favors. Soliciting improper sexual relations may be construed as a valuable thing. Duty element satisfied since officers were allowed to drive people home if necessary, and the defendant had begun to do so. (2) Citation in lieu of arrest on an outstanding warrant in exchange for intercourse supports conviction for both bribery and sexual battery. Same defendant - similar acts issue: State v. Knight (1998), 131 Ohio App. 349.

 

[sr71plt]

This doesn't apply at least in what the OP stated the case as. In the case cited, the woman was arrested for a crime to begin with--and was offered freedom for sex. The OP doesn't mention that this starts off with an arrest for anything. Perhaps it does, but that information isn't in the OP.

 

[Boxlicker101]

In California, It would be called rape. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269

Specifically, it would be this section:

death.
(7) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.

Of course, it is highly probable the perp would get away with it, in CA or almost any other place. These guys are inclined to watch out for each other.

 

[Handley_Page]

Does anyone know the legal term for a police officer forcing a person to have sex and threatening to arrest them if they don't cooperate? Is it extortion or is there a more concise term for that particular situation.

(You'll never guess the premise of the audio I'm working on currently )

Personally, I'd suggest:- Assault, Threatening Behaviour, Coercion, or Rape.
But not necessarily in that order.

 

[soflabbwlvr]

A quick search on google yielded five recent cases in the U.S. from various jurisdictions. Four of the officers were charged with sexual assualt (rape), and the fifth was charged with aggravated battery.

 

[voluptuary_manque]

That sounds about right though 'criminal coercion' has such a lovely ring to it.