Full question:
I was arrested for DUI by an officer of Pulaski County PD in Arkansas. He took me to the holding cell in PD building. He was the only officer in the building. I was sexual exploited while I was in the jail. I am a 24-year-old storekeeper in a supermart in the vicinity. Under what law in Arkansas can I sue the police officer for his misconduct?
- Category: Criminal
- Subcategory: Sex Offfender
- Date:
- State: Arkansas
Answer:
In Arkansas, a sexual assault by a police officer would be termed as a sexual assault in the fourth-degree per A.C.A. § 5-14-127. It reads:“(a) A person commits sexual assault in the fourth degree if the person:
(1) Being twenty (20) years of age or older:
(A) Engages in sexual intercourse or deviate sexual activity with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person's spouse; or
(B) Engages in sexual contact with another person who is:
(i) Less than sixteen (16) years of age; and
(ii) Not the person's spouse; or
(2) Engages in sexual contact with another person who is not the actor's spouse, and the actor is employed with the Department of Correction, Department of Community Correction, Department of Human Services, or any city or county jail, and the victim is in the custody of the Department of Correction, Department of Community Correction, Department of Human Services, or a city or county jail.
(b) (1) Sexual assault in the fourth degree under subdivisions (a)(1)(A) and (a)(2) of this section is a Class D felony.
(2) Sexual assault in the fourth degree under subdivision (a)(1)(B) of this section is a Class A misdemeanor if the person engages only in sexual contact with another person as described in subdivision (a)(1)(B) of this section.”
In the given case, the police officer is liable to be prosecuted for sexual assault in the fourth-degree per A.C.A. § 5-14-127 and may be punished with a maximum of six years in prison and a fine of up to $10,000 (Ark. Code §§ 5-4-401, 5-4-201).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
