OPINION: SINGLE WOMEN DON’T FEEL SAFE AROUND LAW ENFORCEMENT
WARNING: Reports of sexual abuse and misconduct
Policing that police sexual misconduct is “by no means an isolated phenomenon.” Sexual misconduct is the second most frequently reported type of police misconduct, after excessive force, and both are tied to sexism and racism. A 2010 study found that the rate of sexual assault by police is more than double that of the general public and over a 10-year period, a police officer was caught committing sexual abuse or sexualized misconduct at least every five days. Additionally, women of color and Indigenous women are especially likely to be targeted by police for sexual assault. sexual assault is enabled by the enormous power and authority that police wield over civilians. Even the International Association of Chiefs of Police has admitted that institution of policing can “create opportunities” for sexual misconduct because of the “power and authority” police officers possess over others. This risk of abuse is especially high when police interact with people from marginalized communities, who are particularly vulnerable to being coerced into sex acts in order to avoid arrest, incarceration, loss of children, loss of employment, etc.
the rate of sexual assault by police is more than double that of the general public.
This scathing report delves into the deeply concerning issue of sexual assault within policing and its profound consequences on the trust women, particularly single women, place in law enforcement. The findings of a recent poll highlight a shocking reality: 29% of women aged 16 and above expressed "little trust" in the police, while a staggering 26% admitted to having "no trust at all." A mere 3% claimed to have "complete trust," and only 9% reported having "a lot of trust.
The high levels of mistrust among women towards law enforcement are not unfounded. This report unveils a systemic problem of sexual assault within policing, which is exacerbating the erosion of public confidence, especially among single women. The prevalence of sexual assault within policing is alarmingly high, as evidenced by numerous reports and investigations. Such incidents not only betray the sacred duty of officers to protect and serve but also shatter the trust that communities, and particularly women, place in law enforcement agencies.
In more than 80% of the cases, the cops committed the assault on-duty
A study found that sexual misconduct is rife among police. In more than 80% of the cases, the cops committed the assault on-duty; almost 10% of the cases involved officers with at least 18 years’ experience on the force and the officers averaged 38 years of age, with nine years of service to their departments. 6% were department rookies. Police officers routinely operate alone and largely free from any direct supervision, either from administrators or fellow officers. A 2014 study noted. “Police commonly encounter citizens who are vulnerable, usually because they are victims, criminal suspects, or perceived as ‘suspicious’ and subject to the power and coercive authority granted to police. Police-citizen interactions often occur in the late-night hours that provide low public visibility and ample opportunities to those officers who are able and willing to take advantage of citizens to commit acts of sexual deviance and to perpetrate sex crimes.”
Police officers have a lot of authority and it can be very difficult to resist an officer even when the officer acting outside the scope of his job. Many incidents of sexual misconduct and assault occur during traffic stops. This may be especially true at night or when there are few witnesses around. A sexual assault or sexual misconduct may occur once a person has been arrested and is in police custody. The victim is detained and may even be in handcuffs making it impossible to protect herself. Sometimes the victim of police sexual assault or misconduct is not someone who is in police custody. Instead, it is someone who has an interest in a law enforcement career and who is job shadowing with an officer or interning in a police department.
72% of the offenders were patrol deputies, troopers, officers, constables
Road cops are most likely to offend. Nearly 72% of the offenders were patrol deputies, troopers, officers, constables. Others were detectives, officers with rank, or federal agents, federal security workers, or parole or probation officers. Approximately, 3% held high-level posts: chiefs, deputy chiefs and sheriffs. A staggering 28% were suspected or accused of assaulting more than one person. This 2020 study singled out two groups of people who were frequently targeted by police officers: women driving alone (with children) and women who police officers believe are sex workers.
The results reflect the profound impact of sexual assault on trust in the police force. The fact that a significant majority of women express little to no trust reveals a crisis of confidence that requires immediate attention and action. Single women, already vulnerable to various societal challenges, bear the brunt of the impact of sexual assault within policing. The violation of their trust not only undermines their sense of security but also perpetuates a culture of fear, hindering their willingness to seek help or report crimes. The reluctance to report incidents of sexual assault is further exacerbated by the fear of retaliation, a lack of accountability, and an entrenched culture of silence within law enforcement agencies. This fosters an environment where perpetrators can act with impunity, perpetuating a cycle of abuse.
In 35 states, no laws expressly define all sex between police officers and detainees as non-consensual.
As always, leaning into the slow application of progress the US congress is considering prohibiting federal officers from engaging in sex acts with people in their custody or while exercising their police authority - but we are making progress. Federal and state courts across the country have already recognized that sexual assaults by cops—whether on- or off-duty exists due to the inherent power and authority that police exercise. In 35 states, no laws expressly define all sex between police officers and detainees as non-consensual. In 2018, New York enacted legislation to protect sexual assault victims from police sexual assault crimes. Since then several more states have taken steps to close the consent loophole. These states include Colorado, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, New Hampshire, Pennsylvania, Rhode Island, South Carolina and Texas.
In September 2003, Congress passed the Prison Rape Elimination Act, which criminalized any sexual relationship between officials and people incarcerated in federal prisons. Ensuring sexual abuse is illegal when it occurs inside a prison. This law does not apply to those in police custody who have not been convicted of a crime, nor does it apply to detainees in state prisons, local jails or ICE detention centers. As a result, accused police can, and often do, argue a consent defense if detainees accuse them of rape.
“As there is an inherent imbalance of power and authority between an officer and detainee, there is no situation in which consent could be distinguished from coercion,” said Rep. Dave Joyce of Ohio “I’m proud to work across the aisle with Rep. Speier to close this dangerous loophole and increase accountability in our justice system by preventing bad actors in law enforcement from claiming consent as a viable defense against accusations of sexual assault and rape.”
Closing the Law Enforcement Consent Loophole Act will also require states to submit information on the number of complaints made to law enforcement agencies regarding an officer engaging in a sexual act with anyone in their custody to the U.S. Attorney General on an annual basis. Those reports will then be sent to Congress for review. The legislation also incentivizes states to adopt similar laws by requiring them in order to be eligible for federal funding.
The data underscores the urgent need for comprehensive reform within policing to address the prevalence of sexual assault and improve (if possible) public trust in law enforcement among single women and other statistically vulnerable groups of women. A transparent and accountable process for investigating and addressing such cases is imperative to rebuild trust and restore faith in law enforcement agencies. The statistics presented in this report paint a distressing picture of the erosion of trust in policing, especially among vulnerable populations of women. The prevalence of sexual assault within the ranks of law enforcement not only damages the reputation of these institutions but also perpetuates a cycle of victimization. Urgent and decisive action is necessary to reform policing and create an environment where single women, can feel safe and trust that justice will be served.
What to Do If You’ve Been Sexually Assaulted by a Police Officer:
It can be intimidating to report sexual misconduct by a police officer. You will likely be making the report to the police department where the officer works. The officer assigned to investigate your claim is a colleague and may be a friend of the person who hurt you. Furthermore, the officer has a vested interest in protecting the reputation of the police department. For these reasons, you need to do more than report your allegations to the police department. You need to schedule a free consultation with an experienced police brutality lawyer who will help you protect your rights.
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