PRESENTATION OF ATTORNEY GENERAL  
GORDON C. RHEA 
DEPARTMENT OF JUSTICE’S TESTIMONY 
THIRTY-SIXTH LEGISLATURE OF THE VIRGIN ISLANDS 
IN RE: BILL NO. 36-0024 
COMMITTEE ON HOMELAND SECURITY,  
JUSTICE AND PUBLIC SAFETY  
APRIL 3, 2025 
 
Good Morning Senators, legislative staff, and the listening and viewing 
audience. I am Attorney General Gordon C. Rhea. It is my pleasure to appear before 
you today to address Proposed Bill No. 36-0024. Thank you for including the 
Department of Justice in this very important discussion.  
 
The Department of Justice, the Office of the Attorney General, and the 
attorney for the People of the Virgin Islands, recognize and support this bill 
that seeks to protect individuals who are detained, under arrest, or otherwise in 
custody of a law enforcement official from unlawful sexual relations.  
The Bill clearly states who the protected parties are and declares them 
“incapable of consent to sexual relations” with a law enforcement official. Under no 
circumstances should an arrestee or detainee be subjected to sexual contact or 
intercourse with a law enforcement official, as there is always the concern that the 
law enforcement official is using their position of authority to gain “consent” of the 
person under their control, whether directly or indirectly.  
The V.I. Code refers, in different sections, to a person being “incapable of 
consent” due to (1) idiocy, imbecility, any unsoundness of mind; (2) by reason of 
mental or physical weakness, immaturity or bodily ailment; (3) stupor or weakness 
of mind; or (4) impairment by an intoxicating, narcotic or anesthetic agent. Bill 36-
0024 seeks to define “incapable of consent” with regard to the particular victims 
identified, as well as defining “sexual relations.”  
Presentation Testimony of Attorney General Gordon C. Rhea 
Bill No. 36-0024 
April 3, 2025 
P a g e  |  2  
 
These provisions could perhaps be included in 14 V.I.C. §1699, which 
provides definitions for the chapter pertaining to rape and related offenses. The 
Department of Justice would also recommend adding a definition of “law 
enforcement officer” in the added/amended section to the V.I. Code.  
 
The term “law enforcement officials” should encompass all individuals who 
have arrest powers in the territory, including all officers of the law, whether 
appointed or elected, who exercise police powers, especially the powers of arrest or 
detention. In order to adequately address the problem that this bill seeks to address, 
corrections and probation officers should also be included in the definition of “law 
enforcement official,” with no restrictions. Currently, the Virgin Islands Code does 
not contain a definition of “law enforcement official” so this law could clarify who 
is included in this class of people.  
  
In 14 V.I.C. §1700a, Aggravated Rape in the Second Degree, rape or sodomy 
committed against a minor (between the ages of 13 and 18) prohibits persons in a 
“position of authority” from sexual relations with these identified minors. “Position 
of Authority” is defined in this statute and includes police officers, probation officers 
(other than when the officer is exercising custodial control over a minor), among 
many other adults who work with minors. This statute may need to be amended as 
well, particularly if this bill passes and is enacted.  
 
The enaction of this bill will protect arrestees and detainees from unlawful 
sexual contact by any law enforcement officer who arrested the victim or should 
reasonably know that the victim is under arrest or in custody. No other law within 
the Virgin Islands Code adequately protects this class of people, and this law is very 
much needed.  
  
That concludes my remarks. Thank you for your time and attention today.