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Bill

36-0024

An Act amending title 14 Virgin Islands Code, chapter 85 by adding section 1710 declaring a person incapable of consent to sexual relations while the person is in police custody

2025-2026 Regular Session

Virgin Islands law now declares people in police custody legally incapable of consenting to sexual relations, criminalizing such conduct regardless of apparent consent.

Sent to Lt. Governor
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Bill Summary · 36-0024

Legislative bill overview

Bill 36-0024 amends Virgin Islands Code Title 14, Chapter 85 to add a legal provision stating that individuals in police custody cannot legally consent to sexual relations. This creates a statutory presumption that any sexual contact between police officers and persons in custody is non-consensual and therefore criminal.

Why is this important

This legislation addresses a significant vulnerability in law enforcement accountability by establishing clear legal protection against sexual abuse by police officers. Many jurisdictions lacked explicit statutory language on this issue, leaving custody-related sexual assault cases difficult to prosecute. The bill has already progressed through the legislative process and received gubernatorial approval.

Potential points of contention

  • Definition scope: The bill may require clarification on what constitutes "police custody"—does it apply only during formal arrest, or also during detentions, traffic stops, or welfare checks?
  • Enforcement mechanisms: Questions may arise regarding investigation procedures, reporting requirements, and how cases will be handled given the power dynamics and evidentiary challenges inherent in these situations
  • Broader context: Some may argue the legislation should address consent issues in other institutional settings (correctional facilities, psychiatric holds) where similar power imbalances exist

Compiled from official sources — confirm details with the bill’s official record.

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