Addressing Sexual Offenses and Misconduct by Law Enforcement: Exe...

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INTERNATIONAL ASSOCIATION of
CHIEFS of POLICE
global leadership in policing
Addressing Sexual Offenses and
Misconduct by Law Enforcement:
Executive Guide
Wednesday, July 06, 2011
International Association of Chiefs of Police (IACP) has just
released Addressing Sexual Offenses and Misconduct by Law
!~5E~~:.:Enforcement: Executive Guide to examine the problem of sexual
offenses and misconduct by law enforcement, promote an
nderstanding of the complexities of sexual offense and
'misconduct cases involving officers, and assist law enforcement
utives in preventing and investigating such incidents.
u:----nduct of any type tarnishes the bravery and dedicated public
'''''',11'''1'' demonstrated by the vast majority of the 800,000 law
pnlFrlrl"prnprlt officers in the United States. Sexual offenses and
uct implicating law enforcement represent a grave abuse
of the authority the badge represents. It is imperative that executives prepare to
proactively address and prevent officer misconduct through agency mission, policy,
and training.

a

Developed through a process of study and discussion with the support of a
multidisciplinary working group and the U.S. Department of Justice, Office on Violence
Against Women, the Executive Guide addresses criminal offenses as well as
non"criminal sexual conduct that is inappropriate, unprofessional, and damaging to
the public confidence in a department. The Executive Guide is now available to law
enforcement at no cost and can be accessed electronically at the link below. To
receive a hard copy or more information please contact Aviva Kurash, MSW, Program
Manager at kurasha0'theiacp.org.
Download Addressing Sexual Offenses and Misconduct by Law Enforcement:
Executive Guide (PDF)
Click here for more information and resources on Crimes of Violence Against Women.

Contact

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10/27/2011 5:29 PM

Addressing Sexual Offenses and Misconduct by Law Enforcement: Exe...

http://www.theiacp.orgiPublicationsGuides/Publications/tabidl299IDe...

• Aviva Kurash

© 2011 IACP. All Rights Reserved.
515 North Washington St Alexandria, VA, 22314 USA
1.800.THE IACP I fax: 703.836.4543

I phone:

703.836.6767 or

Created by Matrix Group International. Inc.

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10/2712011 5:29 PM

-----+-I

Addressing Sexual
Offenses and Misconduct
by Law Enforcement:

Professor Roger Goldman
.Saint louis University School of Law
pr~ Lorraine w. Greene~ Psychologist
Metropolitan Nashville Police

Chief Kimberly S. Lettner
Virginia Division of Capitol Police
Rachel Lloyd, Executive Director
Gids Educational and Mentoring Services
Timothy Maher. Director
Outreach Program, University of Missouri-St Louis
Chief Russell Martin
Delaware Police Department
Susan Nichols., Director
fLETSB Executive Institute, Western Illinois University
Chief David W. Nye
Fredericksburg Police Department
Susan D . .R_eed. Criminal District Attorney
Bexar County District Attorney's Office
Majoy·Charles Skurkis
Pennsylvania State Police Department
Patsy Taylor~ Director
Louisiana Protective Order Registry
Major Hector Velez
Prince George's County Pollce Department
Professor Samuel Walker
School of Criminology, ·University of Nebraska
Susan Weinstein~ Writer/Researcher
Grand Strategies, Inc

IACP Fellows
Jeffrey Ebersole

IACP National Working Group on
Sexual Offenses by Police Officers
Carrie Abner, Project Director
Council of State Governments
American Probatio'n &,Paro!e As'sociation

Dan

Clark~

Director of Profe!;sional Training

Cleveland Rape Crisis Center

Captain - Loudoun County Sheriffs Office
Fellow -IACP Research Directorate

Charles Hoffman
lieutenant - Prince William County Police Department
Fellow - IACP Research Directorate

IACP Project Staff
Deborah Chandler,
Former Policy and Training Coordinator

Tracy Dahmer Farris. Director
Domestic Violence and Sexual Assault Project
LA Dept ofJustice, Office of Attorney General

Michael Rizzo~ Project Manager

Chief Bernadette DiPino

Nancy Turner, Sr. Program Manager

Ocean City Police Department

IACP Executive Staff

Chief .Judge Arthur Gamb!a
Polk County Courthouse
Lieutenant Terence M. Gibbs
Philadelphia' Potree Department

Aviva Kurash, Program Manager

Daniel Rosenblatt. Executive Director
James McMahon, Deputy Executive Director
John Firman, Research Center Director

,Every ~ffo'rt,has 'been:rn,a~e to'eps~re,tha~_i_tiis- doc_~in:ent_-refleCt_s-~urre~t -a:n.cI"comprehensive inform~tion,,:

: A_W_jd_~ array of fe~dbac~ was"soUcitedt_and_many subject tnatter experts contributed their kno1Nledge.

This project was supported by grant no. 2005-WT-AX~K077 awarded by the Office on Violence Against Women, U.S. Department
of Justice. The opinions. findings, conclusions: and recommendations expressed in this publication are those of the authorCs) and
do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

"It is imperative to the protection of citizens' civil rights and the trust communities
place in law enforcement that policies be adopted as part of a clear statement that
sexual misconduct will not be tolerated. "
-Chief David Nye, Fredericksburg Police Department, VA

Introduction
The problem of sexual misconduct by officers warrants the full attention of law enforcement
leadership. It represents a grave abuse of authority and a violation of the civil rights of
those victimized* Law enforcement agencies and executives have a duty to prevent sexual
victimization, to ensure it is not perpetrated by their officers, and to take every step possible
to ensure the safety and dignity of everyone in the community.
When an incident of sexual misconduct involving a law enforcement officer is reported, it presents one
of the most difficult challenges a law enforcement executive can face. Therefore, it is imperative that
executives prepare through agency mission, policy, and training to proactively address and prevent
incidents. Leaders must demonstrate to their officers and their community a consistent, focused effort
to identify and eliminate misconduct through the institutionalization of a zero tolerance position.
Sexual misconduct within an agency may be indicative of a need for systemic and cultural changes.
Creating and implementing a policy are key steps to ensure an agency is prepared to respond to
allegations, reinforce officer accountability, and ultimately prevent abuses of power.

Accountability of law Enforcement: Unde,r the 'Color of law'
* According to' 18 U.S.C. §241, ,it is unlawful for two or more persons to con,spire to injure,
oppnoss,tilreaten or intimidate another person in the free exercise of any right or privilege provided
to another by the Constitution or laws of the United States. Similarly, 18 U.S.C. § 242 makes it a
crime for a person who is acting under the color of law to Willfully deprive another person of any
right orprivilege proVided to another by the Constitution or lawso! the United States. Under§
242, acts performed under the" color of law" include those conducted by federal, state, and local
law enforcement officials within their lawful authority and any act conducted while the official is
pretending to actin accordance with his or her official duties. The types of misconduct covered
by these laws include: excessive force, sexual assault, intentional false arrest,and the intentional
fabrication of evidence resulting in a loss of liberty to another. ,Enforcement of these provisions
does not reqUire that any raCial, religious, or other discriminatory motive exists.

How to Use this Guide
This guide has been created to promote an understanding of the complexities of sexual
offense and misconduct cases involving officers and to encourage the proactive adoption of
policy and prevention efforts within law enforcement agencies.
Within this gUide, references to misconduct are intended to encompass criminal offenses as well
as non-criminal sexual conduct that is inappropriate, unprofessional, and damaging to the public
confidence in the department.
This gUide's reference to officers is intended as an inclusive term for all swom agency employees.
Departments are encouraged to apply these strategies to all employees, civilian and swom, as appropriate.
ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

1

Background
Recurring accusations of sexual offenses implicating law enforcement officers were noted with
concern by the Office on Violence Against Women of the U.S. Department of Justice which
funded the IACP to examine the problem of sexual offenses and misconduct and to develop
resources to assist law enforcement leaders in investigating and preventing incidents.
IACP's work in the 1990's to address domestic violence committed by law enforcement officers
uniquely situated the Association to explore this serious problem and issue recommendations to
the field. In 2007 the IACP hosted a roundtable discussion during the Association's 114th Annual
Conference in New Orleans to leam from department leaders about situations they confronted and
the resulting problems. Over seventy executives chose to attend this moderated discussion that
was closed to the media. The range of concerns and incidents many had faced in their own agencies
made it clear that sexual offenses and sexual misconduct committed while officers were on or off
duty necessitated focused attention and a proactive response.
As a leadership organization with a history of addressing difficult issues in law enforcement
including civil rights, racial profiling, immigration, and the use of force, the IACP took on the work of
addressing sexual offenses and sexual misconduct committed by officers with an intent to develop
tools to assist the profession and prevent abuses of power. Building from a variety of tools created
to address the crime of sexual assault including Sexual Assault Investigative Guidelines, a Model
Policy on Sexual Assault, and a roll call training video on preparing sexual assault cases for effective
prosecution, the IACP assembled a multidisciplinary working group to gUide efforts to examine
sexual offenses committed by law enforcement officers. Through a process of study and discussion,
the working group drafted this gUide to assist executives. Following outside review by victim
advocacy and criminal justice professionals, including some law enforcement leaders who attended
a 2007 roundtable discussion on this matter and others who are alumni of the IACP's National Law
Enforcement Leadership Institute on Violence Against Women, recommendations were explored and
this guide finalized.

Overview
The Reality Facing Law Enforcement
While the vast majority of law enforcement personnel perform honorable and conscientious
work on a daily basis, the reputation of their respected profession is tarnished by just one
incident of sexual misconduct.
Cases of sexual misconduct committed by law enforcement grab the attention of the public and
media because such offenses are particularly egregious violations of tnust and authority. Situations
where officers engage in sexual misconduct and victimize those they are sworn to protect and serve
amount to civil rights violations. Reported and investigated cases of sexual misconduct by officers
appear all too frequently in the news. Regardless of the rate of occurrence, the problem is real.

Headlines
The follOWing sample of 2009 and 2010 cases in the news highlights the variety of ways sexual
misconduct by law enforcement can manifest itself.
• After a sheriff from an agency in a great plains state was sentenced to 79 years in prison for
sexually abUSing numerous female inmates and drug court defendants, the municipality was found
liable for $1 0 million in damages.
• A police chief and assistant chief from a small department in the midwest were each sentenced
to 25 years in prison for raping a woman in a bar after hours while off duty. The convictions, which

2

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

were supported by evidence including admissions. require them to serve at least 14 years before
being eligible for parole. and they will be on the state sex offender registry for the rest of their lives.
• Following an investigation by the FBI. an officer with a west coast agency received a nine year
federal prison sentence for sexually assaulting a motorist and violating her civil rights. The officer
admitted in court that he took the victim in his patrol car to an isolated parking lot away from the
traffic stop and assaulted her while armed and in his full police uniform. The victim left her job after
the officer twice went to her workplace to wam her he was watching her.
o A police officer from an agency in the west received one year in jail for fondling a woman he had in
custody and was transporting to a hospital for a psychiatric evaluation. The department had previously
received a complaint that this officer made sexual comments to a woman during a traffic stop.
• A major city police department in the eastern United States settled a lawsuit alleging that an
off-duty officer who was in uniform working security at a nightclub lifted a woman's skirt and
"offensively touched" and assaulted her while escorting her from the club.
o

A small westem department suspended an officer for inappropriate conduct after he sent text
messages and a picture of himself to a rape victim. Prior to being suspended. he had been assigned
to investigate sex crimes and was demoted for having an intimate relationship with a victim.

This list of cases is troubling and indicates that this problem can and does occur in every section of
the country.

Definitions
Sexual misconduct by law enforcement is
"There are hundreds ofthousands of
defined as any behavior by an officer that
police officers doing a wonderful job
takes advantage of the officer's position in law
enforcement to misuse authority and power
out there, and. to protecUhem, we
(including force) in order to commit a sexual
need to respond aggressively when
act. initiate sexual contact with another person.
officers violate the community's trust." .
or respond to a perceived sexually motivated
cue (from a subtle suggestion to an overt
- Chief Bernadette DiPino,
action) from another person. It also includes any
Ocean City Police Department, MD
communication or behavior by an officer that
would likely be construed as lewd. lascivious.
inappropriate. or conduct unbecoming an officer
and violates general principles of acceptable conduct common to law enforcement. 1
The limited research to date has focused on criminal sexual misconduct committed by officers while
on duty. However. in recent years concern has extended to additional forms of sexual misconduct
that include adult consensual sexual contact while on duty. voyeuristic behavior. and non-sexual
contacts (e.g .. unnecessary call backs to crime victims and witnesses).
The various forms of sexual misconduct by law enforcement. some of which are criminal acts, may
be directed at colleagues. Citizens. detainees. juveniles. and crime victims or witnesses. 2 Forms may
include. but are not limited to. the follOWing:
1. sexual contact by force (e.g .. sexual assault. rape);
2. sexual shakedowns (e.g.. extorting sexual favors in exchange for not ticketing or arresting a citizen);
1 This definition is adapted from one developed by Timothy M. Maher, professor of criminology and criminal justice at the University of Missoun at St.
Louis.

2 In 1994, researcher Allen Sapp developed seven individual categories of police sexual offenses (Sapp. Allen, D., "Sexual Misconduct by Police Officers," Police Deviance, Cincinnati, OH: Anderson Publishing. 1994), and Timothy Maher added an eighth based on his research. (Maher, Timothy M.,
·Police Sexual Misconduct." Contemporary PoliCing: Controversies, Challenges and Solutions, Los Angeles, GA. Roxbury Publishing Company, 2004,

pp.327-338).

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

3

3. gratuitous physical contact with suspects (e.g., inappropriate or unnecessary searches, frisks
or pat-downs);

4. officer-initiated sexual contacts while on duty;
5. sexual harassment of colleagues/co-workers;

6. engaging in citizen-initiated sexual contact while on duty;

7. sexual behavior while on duty (e.g., masturbation, viewing and/or distributing pornographic
images, sexting);

8. voyeuristic actions that are sexually motivated (e.g., looking in windows of residences for
sexually motivated reasons);

9. unnecessary contacts/actions taken by officers for personally andlor sexually motivated reasons
(e.g., unwarranted call backs to crime victims, making a traffic stop to get a closer look at the
driver for non-professional reasons); and
10. inappropriate and unauthorized use of department resources and/or information systems for
other than legitimate law enforcement purposes.

Further complicating a full understanding of the scope of the problem is due in part to the reluctance
of victims to report to authorities. In addition to experiencing the trauma of the violation, victims
stnuggle with feelings of humiliation and fear retaliation or not being believed. Another reason it is
difficult to gauge the extent of the problem is because accused officers will resign, expecting to
avoid a complete administrative investigation. These officers might then be hired by another agency
where they may continue to commit offenses against colleagues and/or citizens. Therefore, it is
imperative that a complete investigation is carried out whether or not the accused officer resigns.
Putting the scope of the problem aside, it is certainly clear that sexual misconduct by officers
requires the attention of law enforcement leaders. Law enforcement executives are responsible
for establishing and maintaining a healthy culture within their agencies and need to recognize that
elements of law enforcement culture can contribute to the proliferation of sexual misconduct and
its subsequent minimization. This requires leaders to conSistently look to identify and prevent even
the most subtle forms of misconduct which left unchecked can encourage widespread abuses and
adversely affect the law enforcement agency and profession. Through their own words and actions,
leaders must embody the highest standard of profeSSionalism for their officers.

The Culture of Law Enforcement
Within the policing profession some
conditions of the job may inadvertently create
"It is the agency executive's responsibility
opportunities for sexual misconduct. Law
to foster an environment in which ethi.cal
enforcement officers (1) have power and
behavior is expeCted and each member
authority over others; (2) work independently;
of the department is held accountable for
(3) sometimes function without direct
supervision; (4) often work late into the night
meeting those standards."
when their conduct is less in the public eye3 ;
-,,-ChiefRuss Martin,
and (5) engage with vulnerable populations
Delaware
Police
Department, OH
who lack power and are often perceived as
less credible (e.g., juveniles, crime victims,
undocumented people, and those with addictions and mental illness). Furthermore, some people are
so impressed by and attracted to the authOrity the uniform and badge represent that they will seek to
engage officers in sexual relations in order to have a vicarious connection to the power of the profession. 4
3 Lettner, Kimberly S., "Developing Policies to Address Police Sexual Misconduct," Richmond, VA, University of Richmond, 2004, pp. 12-13: and
Maher, Timothy M., "Police Sexual Misconduct: Female Police Officers' Views Regarding its Nature and Extent," Woman and Criminal Justice, Vol. 20,

Issue 3, 2010, pp. 263·282.
4

4

Discussion at IACP Focus Group, Alexandria, VA, March 15, 2010.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Within the profession, the existence of a law enforcement culture of allegiance and loyalty forms an
important backdrop against which officers risk personal safety to protect and seNe the public. While
admirable in circumstances that are legitimate to effective policing, these principles may lead to the
belief that fellow officers will protect or provide cover in questionable circumstances. This could
result in situations where unprofessional and even illegal behavior is tolerated out of a misplaced
sense of loyalty. Over the past decade, work by professional leadership organizations, induding the
IACP, with law enforcement officials on ethics, accountability, and peer-to-peer mentoring have done
much to mitigate this potential.
Sexual misconduct within the ranks must be recognized so agencies can then take appropriate
administrative and criminal actions to deter and prevent future incidents 5 , promote healthy
environments and build community trust. Failure to identify misconduct and enforce accountability
for even seemingly minor indiscretions may not only empower the officer, but may also encourage
those who have knowledge of, or were witness to, the behavior to commit similar or more serious
offenses. Tolerance at any level will invite more of the same conduct. Therefore, it is critical that law
enforcement executives ensure that every reported incident of sexual misconduct is investigated
thoroughly and all employees with knowledge of sexual offense(s) who fail to report it are held
accountable.

Sexual Harassment in the Ranks
, Historically law enforcement has been a male-dominated profession; today women comprise just
18% of stale and local law enforcement (LEMAS, 2007J. As a minority within the profession,
women aresometimessubjeeled to sexually harassing behavior from colleagues thatseems
designed to challenge their right to workinlaw enforcement. Legalliabilityforsexual harassmenJin
the Vyorkplace was established in the 1980;s arid, .as a result,qnce an employer is informed about
aelionsof an employee, they can be held accountable if they fail to stop ,such behavior or allow the
creation of ahoslile work enyironment.' Agency leadership ne"ds to be aware of subtle as well as '
overt aspects of internal agency culture directed at those ,in the minority, whether along the lines of
gender, race, religion, sexual orientation, ornationality, that may negatively shape the job climate.
The potential for these attitudes to spill over and affect the perception and treatment of members
of the public should also be recognized and addressed. In addition to shaping the culture with .their
priorities, standards, and expectations, feaders need to proactively monitor ,the culture within their
agencies and establish employee reporting mechanisms that provide proteotions from retaliation.

Leadership Actions
Considering a Policy
Any type of officer misconduct erodes trust in, and respect for, the profession. When a leader fails to
ensure the adequate monitoring of officer actions or disregards complaints or concerns about officer
conduct, the department in effect condones the misconduct and enables it to proliferate. It is the
leader's responsibility to ensure that policies to address and prevent sexual offenses are implemented;
that all employees regularly receive effective training (see page 11); and that roles, responsibilities,
and professional standards are communicated dearly and reinforced conSistently throughout the
department. 6 Through strong leadership and poliCies, agency employees at all levels can be held
accountable for their actions.
While strong poliCies prohibiting sexual harassment are necessary, relying on existing sexual
harassment policies to cover matters of sexual misconduct involving members of the public is
5

Maher, "Police Sexual Misconduct" pp. 327-338, citing Sapp_

6

Walker, Samuel and Dawn Irlbeck. "Driving While Female: A National Problem in Police Misconduct," Omaha, NE, University of Nebraska, 2002, p. 3

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

5

completely inadequate. Similarly, provisions covering conduct unbecoming an officer are generally
insufficient. for example, to address the full range of predatory or stalking behaviors that can
be precursors to assaults but may appear to be reasonable surveillance actions as part of an
investigation.
Two reasons are commonly offered by executives as to why they would resist instituting a sexual
misconduct policy or program. First. they report that there is no sexual misconduct problem in their
agency. This may be an indicator of an undetected or denied problem. Leaders must be aware of the
potential and willing to implement policy and procedures for monitoring and intervening proactively.
Second, because policies are typically "incident driven," they admit they are unlikely to develop a
policy until one is absolutely necessary. 7 To merely address issues and behaviors after they arise is
an ineffective operating model and a lapse in critical overSight that can create significant liability while
risking the public's tnust and confidence.
As the profession has learned through community poliCing, proactive problem solving is much more
effective than reactive problem solving. Therefore, it is incumbent on law enforcement leaders to
pro-actively implement a well-crafted policy and clear plan to ensure that everyone understands the
agency's position and their specific roles and responsibilities. An agency leader may choose to make
a public statement about the agency's position by posting the policy on the department website as
part of a transparency effort that will serve to reinforce a commitment to accountability.

Law Enforcement Authority
In order to combat the abuse of authority by employees, the community corrections field has
adopted the principle that no on-duty sexual activity by corrections staff is permissible. All 50 states,
the District of Columbia, Guam, and Puerto Rico have laws criminalizing sexual contact between
corrections staff and jailed/imprisoned individuals, and many community corrections agencies have
implemented internal policies on the subject. 8
Given law enforcement's authority to detain and arrest citizens, a profession-wide position prohibiting
on-duty sexual activity seems fundamental. Agencies already addressing this problem specifically
prohibit all on-duty sexual conduct. In addition, agencies should also restrict consensual off-duty
sexual activity from occurring on department property (e.g., within buildings or vehicles). A number
of departments, including the Colorado State Patrol, Maryland State Police, Pennsylvania State
Police, and Virginia Capitol Police, have instituted comprehensive poliCies that prohibit employees
from engaging in anyon-duty sexual behavior or off-duty sexual behavior on workplace premises.
Because off-duty conduct by officers can potentially undermine the efficiency and effectiveness of an
agency and lead to abuse of authority, agency leaders have a vested interest in setting parameters
and managing agency risk. Court rulings support reasonable and appropriate efforts to regulate off
duty behavior and activities.

Agency Authority
Law enforcement leaders should directly address the problem of sexual misconduct by instituting
a zero-tolerance standard and demonstrating that allegations will be promptly and thoroughly
investigated. Any meaningful policy addressing sexual misconduct and offenses should state that an
abuse of authority is grounds for disciplinary action, up to and including termination. 9 In keeping with
efforts undertaken by the corrections field, local law enforcement executives should establish an
agency wide culture of accountability and seek commitments from key stakeholders, including their
governing body, police unions and their members, to support this standard.
7

Maher, Timothy M., ~Police Chiefs' Views on the Nature, Extent and Causes of Police Sexual Misconduct," Polrce Practice and Research: an fnterVol. 9, 2008, pp. 239-250.

national Joumal,

Maher, Timothy M., "Police Sexual Misconduct: Female Police Officers' Views Regarding its Nature and Extent."
20, Issue 3, 2010, p. 265.

Woman and Criminal Justice,

Vol.

3
Preventing and Responding to Corrections-based Sexual Abuse: A Guide for Community Corrections ProfeSSionals, Washington, DC. U.S. Department of Justice. Office of Justice Programs, Bureau of Justice Assistance. 2009. p. 10.
9

6

Lonsway, Kimberly A.. ~Preventing and Responding to Police Sexual Misconduct,"

Law and Order.

Herndon Publishing

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Co ..

2009, p. 8.

An agency's policy should be written with input from the state licensing board or Peace Officer
Standards and Training Board (POSn, a local prosecutor, CALEA, and victim service providers in
the community.
An effective department policy aimed at deterring sexual misconduct should include:
1. the reason for the written policy;
2. definitions of various sexual offenses;
3. strategies to prevent sexual misconduct (e.g., applicant screening and accountability standards);
4. specific measures the agency will take to foster professional behavior (e.g., supervision and training);
5. a structured process for accepting, documenting, and responding to reported incidents and
conducting administrative and criminal investigations; and
6. the range of possible disciplinary sanctions, should allegations of sexual misconduct be
sustained. 10
A written policy should include provisions to protect employees who report allegations from any
retaliation. It also should stipulate disciplinary action for any employee who has knowledge of and
fails to report sexual misconduct by a member of the department, except when the officer is the
victim. The policy should affirm the department's intent to conduct a thorough investigation of every
reported allegation even when the victim is reluctant to participate.
Agency policy can be augmented with specific preventive/protective strategies that can serve as
deterrents. For example, some agencies require that traffic stops be recorded or Videotaped and
that officers provide dispatch with timing for the start and finish when transporting a Citizen/arrestee.
Additionally, a policy should specify that employee electronic communication and internet postings,
which affect professional credibility, will be regularly conducted. 11

Prison Rape Elimination Act and Custodial Situations
Because offenses .oftenoccur when an individual is in custody, it is essential that police agencies,
espeCially those with holding facilities,be aWare of the 2003 Prison Rape Elimination Act (PREA);
.PREA was enacted to address sexual misconduct in all custodial settings, including police lock-ups,
holding facilities and jails'. According to recent statistics, "25 percent ollocal police depart'11ents
operate temporary Tockupfacilities forovernightdetentionof adults in a location separate from a
jail, ·13 percen! operate juvenile lockups; and 9 percent of local police departments are responsible
for operating a jail.;'" Under PREA. numerous national standards have been drafted for the
prevEmtion, detection, response, and monitoring of sexual misconduct in iock,ups. These standards,
when finalized, will apply to law enforcement. .It is critical that all law enforcement exe~utives are
cognizant of the standards and aware of the implications of PREA for.their agenCies .
.. For more information, log on to www,ojpA!sdoj.gov/programs/prisonrapeelimination:htm.
,,~ McCampbell. Michael S., "Update and on the Prison Rape Eliminatlon Act," The Police Chief Magazine, International Assoclation of Chiefs of
Police, Alexandria, VA, March 2011.

Hiring
Through a rigorous selection process, law enforcement agencies should recruit and hire individuals
who demonstrate high standards of integrity by screening out those who do not exhibit the ethical
characteristics necessary for the profession. This can be achieved through a combination of (1)
medical. psychiatric, psychological, polygraph and integrity testing; (2) detailed personal interviews;
and (3) thorough background investigations that include a review of social networking websites.
10

LeUner, "Developing Policies to Address Police Sexual Misconduct,n pp. 8-9.

11

For more information, logon to wvyw.theiacp.org and see fACP Social Media Project and Model Policy.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

7

The professionals conducting the examinations and interviews should be knowledgeable about
and specifically screen for pattems of inappropriate behavior or attitude as well as prior sexual
offenses. Any candidate found through these processes to have a history of sexual misconduct or
unacceptable sexual activities should be deemed ineligible for employment.
When considering experienced personnel for hire from other agencies, the hiring agency should
require candidates to sign a full-disclosure waiver that enables previous places of employment
to provide in-depth references and copies of the officer's complete internal affairs file and all
employment files, including details contained in any non-disclosure agreement and circumstances
surrounding separations from service. This practice can prevent experienced officers who are
facing potential charges from moving to another agency prior to being disciplined or terminated.
Additionally, agencies should contact the state licensing boards or POSTS12 in the states where the
officers previously worked to determine whether the officer had been disciplined.
Forty-four state POSTs have the authority to revoke peace officer certification due to misconduct.
In some states, there must be a criminal conviction in order to revoke; in others, certification may
be revoked for misconduct after a hearing before an administrative law judge. Issues arise when
an accused officer who has engaged in misconduct is either terminated or allowed to resign from
his or her current agency, and that department does not report the reasons for the termination or
resignation. The result is that the officer may be hired by another agency in the state that is unaware
of the problems in the prior department. Also, these officers may seek employment in other states,
which raises the problem of interstate movement of unfit officers. Currently, the International
Association of Directors of Law Enforcement Standards and Training (lAD LEST) operates the
National Decertification Index (NOD. The NDI includes the names of officers who have been
decertified. Currently only twenty-nine state POSTs contribute names to the NO!. All state POSTs
may query the NDI, and POST directors may authorize law enforcement executives to query the
NO!. Since the NDI only gathers information concerning de-certifications, information on discipline
of a less serious nature, such as a suspension of the certificate, must be gathered by contacting the
state POST directly. Some states, like Florida, publish quarterly the names of the officers and any
disciplinary action taken by POST against the officer. This allows other jurisdictions to check the list
before hiring an officer from Florida.

Training
Ethical considerations should be woven
into all aspects of training, education,
policies, and procedures, along with law
enforcement's role in upholding civil rights.
Initial academy instruction on the ethics of
appropriate conduct should be reinforced at
in-service opportunities and training for new
supervisors and field training officers (FTO).

"Training in ethics, integrity and
discretion should begin in the police
academy and continue on.a regular
basis until the officer retires."
-International Association of Chiefs of Police,
"Building Trust between the Police and the Citizens
they Serve: An Intemal Affairs PromiSing Practices
GuideforLaw Enforcement. "Washington, DC,
U.S. Department of Justice, Office of CommUliity
Oriented PoliCing Services, 2010, p. 11

It is the responsibility of law enforcement
leadership to ensure that training, including
academy curricula, covers the definition of
sexual misconduct to include criminal and noncriminal behavior. Department-specific training
should cover a review of the policy, response to sexual misconduct, and information on behaviors that
are prohibited by the policy. Discussions using hypothetical scenarios and role-playing exercises can help
officers antiCipate and think through situations that warrant an ethical response and understand when their
responsibilities under agency policy come into play. The administration of pre- and post-training tests will
help the agency gauge the increased knowledge and understanding imparted through the training.
12

8

For the name of the licensing body or POST in any state, logon to www.iadlest.org.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Because FTOs help shape the character of individual officers, each FTO must receive in-depth training
on: (1) the agency policy, procedures, and discipline related to sexual misconduct: (2) indicators of sexual
misconduct; (3) how to support the department's zero-tolerance stance on sexual misconduct; and (4)
how to respect boundaries and confront challenging circumstances that may be encountered on the job.
When under consideration for a promotion, an officer's direct supervisor and the agency's human
resources staff should be consulted for input. With supervisory positions, including Field Training,
newly promoted employees must receive training on: (1) the department's sexual misconduct policy;
(2) gUidelines for how to respond to sexual misconduct by employees; 13 (3) criminal and civil liability
for the department and governing body; (4) public relations and protocol for dealing with the media;
and (5) criminal and administrative investigations.

Evaluations and Early Intervention Systems
Supervisors are in a unique position to detect warning signs and patterns of sexual misconduct by
officers. Specific training on indicators of sexual misconduct and strategies for effective oversight of
officer conduct should be provided to those with supervisory responsibilities. Consistent employee
reviews and follow-up are essential to monitoring behavior. However, if an officer is demonstrating
problematiC behavior, the supervisor should not wait for the officer's scheduled review to address
the situation. The supervisor must act immediately to address the behavior in question, offer support
andlor referrals, fully document the situation, and provide required notification up the chain of
command. Supervisors should periodically remind officers of their professional obligation to report
knowledge of sexual misconduct by a member of the department.
Since part of the authority with which law enforcement is entrusted involves access to systems
of information, supervisors should be tasked with monitoring officer access for non-professional,
personally-motivated reasons. Additionally, periodic audits of each officer's traffic stops and final
call dispositions are essential for identifying problematiC patterns. Random checks of departmentissued cell phones and computers should be built into oversight plans in accordance with contracts
governing officer rights. Agencies can incorporate into existing systems newly available software
designed to identify pornographic images on electronic devices, as feasible, and assign monitoring
responsibilities to internal investigations. Periodic reviews of personal information and pages on
social networking web sites should be conducted to ensure nothing potentially compromiSing or
questionable is posted on the internet.
Early intervention systems are helpful for monitoring, identifying, and preventing problem behavior
and electronic communications (e.g., email, text messaging). These systems come in many forms,
but generally they collect, review, and analyze data on each officer, thereby enabling the identification
of troubling patterns of behavior or suspicious trends that might otherwise go undetected. Such was
the case in a midwestern state capital city where a police officer was disciplined and received special
training after a review of his traffic stops revealed that 89 percent over a four-month period were of
female drivers.14
When an officer demonstrates any inappropriate or suspicious behavior (see ten forms of sexual
misconduct and offenses, pp. 3-4), a psychological fitness-for-duty examination should be required
and arranged promptly. This is particularly important when the conduct does not rise to the level
of terrnination or criminal conduct but for which sufficient cause for concern exists. Examination
conclusions will need to be addressed in terms of the officer's assignments and supervision.

13 Lonsway, "Preventing and Responding to Police Sexual Misconduct," p. 3.
14

Walker and Irlbeck, "Driving While Female," p. 3

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

9

Incidents and Investigations
Any and all allegations or suspicions of
sexual misconduct must be accepted
"[Slexual misconduct that is not
by the designated authority within the
documented, investigated and
agency and investigated in a timely
adjudicated often escalates."
fashion. Dispatchers along with all
members of the department need specific
-Lonsway, KimberlyA-, 'Preventing and
Responding to Police Sexual Misconduct.' Law
direction and training on protocols for
and Order. Herridon Publishing Co .. 2009.p. 2
accepting. documenting. forwarding. and
processing reports or complaints against
an officer. Officers approached with
complaints should be required by department policy to provide citizens with complaint forms.
document the information received. and pass the complaint through proper channels.

Reports or Complaints
It is imperative to have procedures in place in order to effectively handle incident reports or complaints
concerning officers. The process 15 must be:
1. comprehensive. where an agency investigates all complaints received. including those that are
anonymous or from third parties;
2. accessible. where the procedures for making a report or filing a complaint are streamlined and
not burdensome to the individual complainant and information about the rights of law enforcement
personnel and the public to file a complaint and the procedures for doing so are widely available;
3. fair. where the officer accused of misconduct is treated respectfully and receives a detailed
investigation into the allegation;
4. thorough. where the investigation is complete enough to determine validity of complaints and
identify and unfound those that are false; and
5. transparent. where a formal process to accept complaints exists. and all personnel know how to
handle a complaint.
Once a report or complaint is received. it should be documented (preferably electronically) and protected in a
secure file. apart from regular personnel records. 16 Documentation and preservation of findings in personnel
and internal affairs files. even with unfounded or exonerated outcomes. is necessary for future investigations
in order to support the identification of pattems of behavior and progressive discipline as necessary.
Having comprehensive cross-jurisdictional memoranda of understanding in place with surrounding
agencies will ensure timely notification of an incident involving a department employee in another
jurisdiction. It will also provide gUidance to officers responding to reports involving employees from
other departments. including provisions for notifying the employing agency.
With transparency as a goal. the subject officer should be notined promptly of the complaint either in
writing or by other means of communication unless the criminal investigation would prohibit it or be
compromised. This notification should include the nature of the allegation. a copy of the complaint.
and the name and contact information of the assigned investigator. The confidentiality of the victim's
information should be protected to the maximum extent possible by law and department policy. All
parties who are interviewed. including witnesses. as part of the investigation should be cautioned
about the potential for retaliation and instnucted how to report such actions to the department.
15 Adapted from the folloWing: Commission on Accreditation for Law Enforcement Agencies' (CALEA) Standard No. 52.1.1; CALEA. Accreditation Standard No. 52.1.4; Preventing and Responding to Community Corrections Based Sexual Abuse, p. 48; and IACP, "Building Trust between the Police and the
Citizens they Serve, ~ p. 21.
16

10

CALEA Accreditation Standard No. 52.1.2.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

The Investigation
Complaints of officer sexual misconduct will be received directly or tracked into the Internal
Investigations Unit or to a member of the command staff who handles intemal investigations. Upon
initial assessment, if it is evident that criminal allegations are involved, an immediate referral should
be made to the criminal investigations unit or lead criminal investigator.
Reports of incidents or crimes alleging officer sexual misconduct may come to the agency through
communications (e.g., 9-1-1 or non-emergency systems) and should result in immediate notincation
of criminal investigations and internal investigations by the supervisor in charge.
All criminal cases will require an administrative investigation also be conducted. In order to preserve
the integrity of investigations, especially in high-profile cases, the chief may want to seek the
services of a neighboring department or state police to conduct either the administrative or criminal
investigation. The propriety of the investigation is less likely to be questioned when an outside
investigative agency is involved. The administrative and criminal investigations can be conducted
Simultaneously as sepaiate, parallel investigations. The agency leader should ensure a firewall is
maintained between the administrative and criminal investigations and that the accused officer's
rights are upheld especially in accordance with Garrity v. New Jersey. 17
The investigative process should be transparent to both the complainant and the accused officer. All
procedures should be victim-centered and include periodic updates, and uphold the accused officer's
rights set forth in collective bargaining agreements. A member of the command staff should serve as
the principal point of contact for the complainant to share information and respond to questions.
Victims may be reluctant to report an incident andlor participate in the investigation for a variety of
reasons, including trauma of the incident; fear of not being believed; retaliation from the perpetrator
or other officers; and previous bad experiences with law enforcement. These same reasons
may account for why a victim recants or seeks to withdraw a complaint. A victim's reluctance
to participate in an investigation is neither indicative of a false allegation nor reason to forego a
thorough investigation. A detailed investigation should uncover unethical or illegal conduct just as
it will reveal unfounded claims.
As part of the investigation, efforts should be made to identify and interview any additional victims.
Following the initial nling of criminal charges against the accused officer, an agency can seek to
identify additional victims through the use of media outlets. All subsequent reports of incidents will
require documentation and investigation.
The agency leader must monitor the investigation for signs of retaliation and harassment directed
against a complainant or an employee who reported knowledge of sexual misconduct. including abuse
of the complaint procedure and violations of confidentiality gUidelines. 18 Parties to the case must be
cautioned about the possibility of intimidation, retaliation, andlor coercion and advised on steps to take
to report such actions (e.g .. immediate notification of the department, preservation of evidencel. Within
a designated time period (usually after a few weeks and again after 60 days), the complainant should
be asked by the point of contact about any intimidation or retaliation. Victims should be provided with
information and referrals to the court to petition for orders of protection as needed.
If the accused officer is not placed on administrative leave pending the outcome of the administrative

andlor criminal investigations, the officer's assignments should be considered carefully. In the event
of administrative leave, a transfer of the accused officer's case knowledge will be important to the
continuation of official agency business. Arrangements should be undertaken to reassign the subject
officer's cases.
Law enforcement executives have a range of administrative options and tools available to reduce
the likelihood of further sexual misconduct or retaliation. Employing these options in a consistent
17

385 U.S. 493 (1967>.

18

Lonsway, "Preventing and Responding to Police Sexual Misconduct." p. 8.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

11

and timely manner is crucial to victim safety and community confidence, as well as the well-being of
the officer and the efficient operation of the department. The executive should consider issuing an
Administrative Order of Protection 19 to support clear communication with the accused officer(s) and
reinforce accountability.
If an employee resigns during the investigation; the investigation must still be completed and
decisions regarding the findings and administrative sanctions that would have otherwise been
imposed should be documented in the employee's personnel and internal affairs files.
The agency leader should track the complaint through to its conclusion(s).

Dispositions
Affinming the findings of the investigations
is the responsibility of the law enforcement
executive. When an administrative
investigation is sustained, even if the
misconduct was not detenmined to have
been criminal or the criminal outcome has
not yet been determined, the accused officer
should be informed in person and in writing
and offered the opportunity to respond to the
administrative findings.

.. Behavior that violates power,· authority
and ethical standards generally
associated with law enforcement
undermines the criminal justice system
and betrays the public trust."

-':"1imothy M. Maher.
"Police .Sexual Misconduct: Female Police
Officers 'Views Regarding its Nature
and Extent," Woman and Criminal Justice,
Vol. 20, Issue 3, 2010, pp. 263-282

Following the officer's response to the
administrative findings, the executive should
consider the full range of sanctions for the
officer found to have violated department
policy. Before deciding how to address the
issue with the officer, an examination of human resource policies, state and local laws, and collective
bargaining agreements that may be in effect should ensure compliance with legal and contractual rights.
It is important to understand in detenmining discipline that the confidence in the officer may have been
severely compromised by a violation of department policy and, therefore, termination may be the most
appropriate option. Disciplinary decisions should be communicated to the officer in person and in writing.
When an allegation of sexual misconduct is sustained but termination is not warranted, demotions,
re-assignment, andlor unpaid leave are possible administrative sanctions the law enforcement
executive can impose. Sanctions should be severe enough to reinforce the agency's zero-tolerance
position. Discipline short of termination should include a warning of termination for any subsequent
misconduct and be referenced in writing as part of an employee's regularly scheduled review.

Criminal investigation findings should conform to one of the following determinations in keeping with
the FBI's Uniform Crime Report:
1. Unfounded: the allegation was investigated and found devoid of fact or false;
2. Exonerated: the act occurred but was lawful and consistent with policy;
3. Not sustained: the evidence was insufficient to either prove or disprove the allegation; or
4. Sustained: the evidence was sufficient to prove the allegation.
Once a finding concerning the criminal investigation is reached, the agency leader or deSignated
principal point of contact should ensure the complainant is notified. The accused officer should be
notified in writing. 2o If the criminal allegation is upheld through the investigation, the prosecutor will
need to be consulted conceming charging actions.
19 Valle, Glenn, Chief Counsel. New York State Police, Albany, NY, • Administrative Orders of Protection: A Chief's Best Tool for Victim Safety". The
Police Chief Magazine, November 2000, http://www.theiacp.org/LinkClick.aspx?fileticket=RNf31 dIKLFk%3d&tabid=372

20 CALEA Standard 52.2.8.

12

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Any officer who has been found guilty of committing a sexual offense must be terminated
immediately. In the event of a termination, the officer should be notified by the executive in person
and in writing. Because of the heightened risk for violence at the point of termination, the department
should ensure a lethality assessment is conducted and adequate precautions taken to protect
against violence in the workplace or retaliatory violence against those who reported the allegations.
It is critical that the officer be given information and referrals on available support services.
Some states may require reporting to the state licensing board or POST even when the officer is not
terminated but has resigned or been given discipline short of termination. To prevent the officer from
continuing in law enforcement, the state licensing board or POST should be notified promptly about
the officer's termination to pursue decertification, as applicable. 21

Victims
All levels of law enforcement should treat
anyone who alleges sexual misconduct with
professionalism and dignity. From the onset,
it is essential that citizens making reports
or filing complaints are shown respect
and their allegations are taken seriously
throughout the investigative process. The
wayan agency receives and responds to
each complaint or report will impact the
willingness of other crime victims to come
forward and will be noted by members of the
department.

"I feel that I have been given a life
sentence.;. I frequently have intrusive
memories of the .il,ssault... I cringe every .
time I see ... a male officer in uniform, or
,a .law enforcement vehicle.· I am not the
same personlwas before the assault
. and I might neverbe thatpe.rson again."
-Survivor of Sexual Assault by Law Enforcement

The reasons why authority figures may
engage in inappropriate and sometimes criminal behavior are varied, and each case is unique.
Predators select victims based on vulnerabilities and a perceived lack of credibility, and therefore,
victimization is often higher among certain populations including: (1) minors; (2) individuals in
prostitution and/or the commercial sex industry; (3) individuals under the influence of drugs or alcohol;
(4) immigrants and undocumented persons; (5) individuals with limited English proficiency; (6) people
with mental illness or developmental challenges; (7) individuals with physical disabilities; and (8)
those who have been victimized previously. Agencies should not query the criminal history of the
complainant, and references about the complainant's criminal history should not be included in intemal
agency reports.
It is important to note that although a majority of the victims are female, men and boys are also
victimized. Some victims of sexual offenses may not view themselves as victims. Conduct that a
victim may deem to be flattering attention or empathetiC concern may be inappropriate, nonetheless.
A 16-year-old in an Explorer Program may not think that a "romantic relationship" with the 25-yearold sworn officer who oversees the program is inappropriate. Whether or not a minor feels that the
interaction is consensual, a state's statutory rape laws may make any sexual contact illegal. A victim
who is compromised due to alcohol, drugs, mental illness, or disability may under state law be unable
to give consent for sexual contact. In every case, the investigator must actively attempt to engage
the victim in the investigation and offer contacts and referrals for services available in the community.
It should also be recommended to a victim that an order of protection be sought from the court if
safety concerns exist.
The law enforcement executive should deSignate a principal point of contact to address the needs
and concerns of the victim. These include: (1) Safety: law enforcement must protect victims from
intimidation and educate them on how to decrease their likelihood of re-victimization; (2) Support:
law enforcement must ensure that victims receive current and accurate referral information about
victims' services; (3) Information: law enforcement must provide victims with information about their
21 For more information about POSTs or decertification, see Resources section of this publication.

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

13

rights, the criminal justice process, and resources available to them; (4) Access: law enforcement
agencies must ensure that information is readily available in languages that represent the
populations in the community and attend to the special needs and circumstances of various victims;
(5) Continuity: law enforcement must have sustained partnerships with victim service providers
and allied criminal justice professionals; (6) Voice: law enforcement must empower victims by
encouraging a dialogue with them; and (7) Justice: law enforcement must work in the best interests
of victims to protect their safety and rights.22
The zero-tolerance sexual offense policy should set forth clear gUidelines of how to support victims
and provide a setting/environment in which a victim can feel safe reporting the victimization. Some
victims have reported that although his or her complaint was taken by a compassionate officer, the
environment of the cubicle in which the information was taken was uncomfortable due to the close
proximity of others or the presence of pornographic images. Another victim complained that while
she was being taken into custody and handcuffed, she was asked out on a date by a member of the
department. A good example of how to educate officers in these and other important areas is the
"Tools for Tolerance for Law Enforcement" (Simon Wiesen thai Center- www.toolsfortolerance.com)
curriculum which is designed to train officers on how to deliver a more effective level of service to
members of the public. Awareness training such as TILE enables law enforcement to identify and
address problems before they may become criminal in nature. Nonetheless, in order to establish an
environment in which a victim feels secure enough to report mistreatment, law enforcement should
receive ethics and sensitivity training as a matter of course.

Collaboration
Criminal Justice System Collaboration
Collaboration among criminal justice system partners and allied professionals is of utmost
importance. Following the adoption of a policy to address sexual misconduct, agency leaders
should reach out to prosecutors and victim assistance personnel to inform them of the agency's
position of zero tolerance and plan for responding to reported incidents and complaints.
One of the most important criminal justice partnerships is between law enforcement and victim assistance
representatives who work within the criminal justice system. These representatives can include victimwitness coordinators, victim advocates, or department-based victim service personnel. Although
department advocates cannot provide confidentiality to victims because they are required to discuss
relevant information obtained from the victims with investigators, these advocates can provide much
needed services to victims by gUiding them through the maze of the criminal justice system, securing
resources they need, and providing counseling referrals. Specifically, the department's victim advocates
not only help victims navigate the process of filing a complaint and ensure follow-up, but they can also
act as liaisons between victims and the agency and educate officers about the impact of trauma on crime
victims. Departments that cannot afford to employ advocates should work closely with community-based
victim service agencies.
Additionally, during any criminal investigation of an officer, the agency should appoint a liaison to
work closely with the prosecutor's office and follow processes established for working on any highprofile case (see p. 11 for cross-jurisdictional assistance with case investigation).

Law Enforcement Response to Victims: A 21st Century Strategy." Washington, DC, U.S. Department of Justice, Office for Victims of Crime, 2008, pp. 23-24.

22 IACP. "Enhancing

14

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Community Collaboration
Once a policy has been implemented, law enforcement leadership should support continuous
dialogue and working relationships with victim seNice agencies in order to promote an understanding
of the department's zero-tolerance position, Collaboration with victim seNice agencies in the
community can encourage the reporting of incidents, Victim advocates need to know that the
department takes allegations seriously and wants to receive information about any incidents or
offenses, with the consent of the victim, even if communicated through a third party.
Although confidentiality laws may prohibit the sharing of information, community-based advocates
can provide long-term counseling and support for victims, as necessary. When working with
these advocates, whether or not a department has its own victim advocates, it is recommended
that the department establish a memorandum of understanding with each organization to which it
subsequently refers victims.
Law enforcement personnel and allied professionals should seek opportunities for cross training
and other types of information exchanges, For example, prosecutors, sworn personnel, and victim
advocates should participate in one another's specialized trainings (e.g., statewide conferences) and
meetings (e.g., roll calls) to obtain a broader perspective on the issues of sexual assault, harassment,
and misconduct. Additionally, they should spend time with one another on their respective "turfs." In
order to understand the intense nature of police work, victim advocates should accompany officers on
ride-alongs, In turn, officers can use this extended time with the advocate to obtain information about
the advocate's role in assisting victims. When possible, officers should be involved in training victim
seNice agency staff and volunteers, and they should be included in the drafting of a department's
position and policy addreSSing sexual misconduct.
To get out the message that a law enforcement department takes incidents of sexual misconduct
seriously and encourages those with information about offenses to come forward, agency leaders
need to actively engage the community. Law enforcement leaders should build awareness of the
department's policy and zero-tolerance position, including the posting of the policy on the agency's
website. Information shared should include the methods and procedures for reporting an incident and
filing a complaint (see pg, 1OJ, Proactive outreach can happen through multiple avenues, including
citizen academies, town hall meetings, and public relations efforts. These efforts at transparency
will not only combat inappropriate behavior but also contribute to bUilding community trust and
confidence.

Conclusion
Members of law enforcement are in a unique
and visible position in the communities they
seNe. They are entrusted with the authority
to enforce laws and protect citizens'
civil rights. Central to the executive's
responsibility to the community is the
proactive enforcement of ethical standards
of conduct and officer accountability.
Leaders must establish zero-tolerance
policies to address and prevent sexual
misconduct and reinforce the expectation
of integrity through meaningful training and
effective supeNision.

"Along with effective supervision.
agency guidelines can reinforce
standards of conduct and
accountability and provide
necessary safeguards."
-Major Charles J. Skurkis, Pennsylvania
State Police, PA Director, Bureau of
Integrity and Professional Standards

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

15

Resources
"Administrative Orders of Protection, .. The Police Chief (November 2000) www.iacpresearch.org
Alpert, Geoffrey P., Dennis J.Kenney and, Samuel Walker. "Early Warning Systems: Responding to the
Proble.m Police Officer." National Institute of Justice (July 2001)
http://www.ncjrs.gov/pdffiles1 fnij/188565.pdf
Archambault, Sgt. Joanne (Ret.), Dr. David lisakand Dr. Kimberly Lonsway. "False Reports: Moving Beyond
the Issue to Successfully Investigate and ProsecutorNon-Stranger Sexual Assault." The Voice American
pr.osecuiors Research Institute, Vol. 3, No 1
http://www.ndaa.org/pdf/the_voice_vol_3_no~ 1_2009.pdf
Gleason, Tag. "Ethics Training for Police." The Police Chief (November 2006)
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_
arch&article_jd=1 054&issue_id= 112006
Goldman, Roger L. "Revocation of Police Officer Certification: A Viable Remedy for Police Misconduct?" Saint
Louis University, School of Law
h1:tp:/1 papers.ssrn.coml50131 papers.cfm?abstracCid= 1425622
Goldman, Roger L. "State Revocation of Law Enforcement Officers' licenses and Federal Criminal
Prosecution: An Opportunity forCooperative Federalism." Saint Louis University, School of Law
http://papers.ssrn.com/soI3/papers.cfm?abstracCid=1421. 311
Hughes, Frank. "Problem Officer Variables and Early-Waming Systems. " The Police Chief(October 2007)
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_
id=1313&issue_id=102007
Irlbeck, Dawn and Samuel Walker. "Driving While Female: A National Problem in Police Misconduct." University
ofNebraska at Omaha, Department of Criminal Justice, Police Professionalism Initiative. (March 2002)
http://samuelwalker.net/wp-content/uploads!201 O/06/dwf2002.pdf
Irlbeck, Dawn and Samuel Walker. "Police Sexual Abuse of Teenage Girls: A 2003 Update on 'Driving While
Female"'University of Nebraska at Omaha, Department of Criminal Justice, Police Professionalism Initiative
(June 2003)

http://www.unomaha.edu/criminaljustice/PDFI dwf2003final.pdf
Kruger, Karen J. "Investigating and Disciplining Off-Duty Sexual Conduct: Is There a Right to Privacy?" The
Police Chief (September 2008)
http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_
id= 1597 &issue_id=92008
Martinnelli, Thomas. "Minimizing Risk by Defining Off-Duty Misconduct." The Police Chief (June 2007)
http:// policechiefmagazine.org! magazinelindex.cfm?fuseaction=display_arch&article_
id=1208&issue_id=62007
Rishner, Julie. "Fairness and Consistency in Disciplinary Actions. " The Police Chief (September 2005)
http://www.poncechiefmaga2ii.ie~oi..g/magazine/index.cfm?fii seaction:::display_

arch&article_id=682&issue_id=92005
Thurnauer, Beau. "Internal Affairs: A Policy Strategy for Smaller Departments," IACP Smaller Police
Departments Technical Assistance Program
http://www.fheiacp.org/LinkCiick.aspx?fileticket=4B%2F4SDZtgV8%3D&tabid=392
Rape, Sexual Assault, & Sexual Harassment, INCITE! Women of Color Against Violence
http://www.incite·national.org/media/docs/7 715_toolkitrev-sexualassault.pdf

16

ADDRESSING SEXUAL·OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

Intemational Association of Chiefs of Police, Police Ethics in "Leadership and Management, " chap. 1 in
Police Chiefs Desk Reference, 149, http://www.theiacp.oro/Portals/0/PCDR2/base4.html(accessed
June 15, 2011) http://www.theiacp.org/POrlals/0/PCDR2/base4.html

Websites/Resources
Intemational Association of Directors of Law Enforcement Standards and Training ClADlEST)

www.iadlest.org
National Decertification Index (NDIl

https:!!www.pocis.net/NDI/default.php
Prison Rape Elimination Act (2003)

http://www.ojjdp.gov/about/PubLNo1 08· 79.txt

IACP Tools and Policies
Sexual Assault Incident Reports: Investigative Strategies

http://www.theiacp.org/linkClick.aspx?fileticket=P,,E.JMvQbU7c%3d&tabid=392
Sexual Assault Supplemental Report Form

http://www.theiacp.org/LinkClick.aspx?fiieticket=CHtOqVEWYus%3d&tabid=392
Sexual AssaultModel Policy

http://www.theiacp.org/tabid/299/Default.aspx?id= 1133&v= 1
Domestic Violence by Police Officers Model Policy

http://www.theiacp.org/tabid/299/Default.asp,,?id= 1130&v= 1
Enhancing Law Enforcement Response to Victims: A 21 st Century Strategy
www.responsetovictims.org
Guidelines to Address Officers Under Orders of Protection

http://www.theiacp.org/LinkCiick.aspx?fileticket=IABVVd%2bg.JNw%3d&tabid=87

Resources That Can be Purchased Online:
Maher, l1mothy M. "Police Sexual Misconduct: Female Police Officers' Views Regarding Its Nature and
Extent." Women and Criminal. Justice 20, 263-282. 2010

Maher, Timothy M. "Police Chiefs' Vie\,vs on Police Sexual Misconduct." Police Practice and Research an

International Joumal 9, 239-250. 2008

Maher, l1mothy M. "Police Sexual Misconduct: Officers' Perceptions of Its Extent and Causality." Criminal
Justice Review 29(2), 355-381, 2003

ADDRESSING SEXUAL OFFENSES AND MISCONDUCT BY LAW ENFORCEMENT

17