Abstract
The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.
Highlights
The Model Penal CodeThe problem with the Model Penal Code is that the current definitions of rape and sexual assault are inadequate [4]
The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty
The issue is whether procedural due process justifies the inclusion into the MPC of an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind whether on or off duty
Summary
The problem with the Model Penal Code is that the current definitions of rape and sexual assault are inadequate [4] These sections of the MPC do not address the situation where an individual of authority, such as a law enforcement officer, threatens an adult woman or a female minor child typically with imprisonment unless the victim agrees to engage in sexual intercourse with the law enforcement office [3]. Donald Lee Buresh: The Model Penal Code and the Sexual Conduct of Police Officers While on Duty exploit the individuals who they contact, whether they are adult men or women, or even minor children
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