In many states, the law fails to recognize coercive power dynamics (like being arrested and detained) as inherently non-consensual, leaving "but she said yes!" as a viable defense for cops who "have sex with" a detained woman. It's disgusting and very real.
"After a woman accused two New York police officers of raping her while in their custody in 2017, the legality of police-detainee sexual conduct gained national attention.
While the Prison Rape Elimination Act protects inmates from sexual abuse by prison staff, the law does not apply to detainees who have not been convicted of a crime. Forced sexual conduct is illegal in every state in any context, but in states without a law mandating otherwise, police can argue a consent defense if detainees accuse them of rape."