Can a complaint be filed against a constable for rape?
Full Question:
I live in North Dakota. I was detained in the prison for a night for rash driving. One of the constables forced himself on me and had sex with me while the other constables were away for rounds. Can I file a complaint against the constable for such an act?
12/16/2016 |
Category: Criminal ยป Statutory Rape |
State: North Dakota |
#28230
Answer:
Per North Dakota Century Code § 12.1-20-07:
“1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if:
a. That person knows or has reasonable cause to believe that the contact is offensive to the other person;
***
d. The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person;
***
2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age…”
a. That person knows or has reasonable cause to believe that the contact is offensive to the other person;
***
d. The other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person;
***
2. The offense is a class C felony if the actor's conduct violates subdivision b, c, d, or e of subsection 1, or subdivision f of subsection 1 if the adult is at least twenty-two years of age…”
Therefore, you may file a complaint against the constable because he has committed a sexual offense under North Dakota law. He may be found guilty of a felony.