Officer-perpetrated crimes can erode community trust and undermine police legitimacy, especially if the agency fails to investigate or hold officers accountable. Victims of crimes involving police officers face greater challenges in seeking help due to fears for their safety and doubts about being believed. Officer offenders may use their insider knowledge and connections to avoid accountability. The unique dynamics of these domestic violence and sexual assault (DVSA) cases necessitate tailored policies and procedures for effective handling.  

The sections below provide examples of agencies in three stages of development:  

Lagging Behind, when an agency does not have a formal policy or the practices are outdated and/or harmful; 

Making Progress, when an agency uses practices that are considered the minimum standard; and  

Leading the Way, when an agency has researched promising practices and implements best practices tailored to the needs of victims. 

The examples provided below are not exhaustive for each category; they are only meant to illustrate the types of practices common at each stage.  

  • The agency does not have any written policies or procedures that guide response to officer-involved DVSA.  

  • The agency does not maintain accurate records of complaints or allegations against officers. 

  • The agency does not provide officers with mandatory training on DVSA crimes.   

  • The agency’s policies are silent on the permissibility of sexual conduct while on duty.    

  • The agency does not utilize a rigorous selection process to screen out potential hires who do not exhibit the ethical characteristics necessary for the profession. Appropriate selection process tools include a combination of medical, psychiatric, psychological, polygraph, and integrity testing; detailed personal interviews; and thorough background investigations.  ​    

  • The agency’s written policies and procedures that guide response to DVSA include guidance for responding to incidents involving officers.   

  • All complaints of officer-involved DVSA are referred to internal affairs for investigation.    

  • ​​All citizen complaints in which there is probable cause that an officer committed a DVSA-related crime are thoroughly investigated and referred to the prosecuting attorney’s office.    

  • Officers who are accused of DVSA crimes are put on immediate suspension (with pay), pending the outcome of the investigation and prosecution.   

  • Agency policy explicitly prohibits officers from engaging in any sexual conduct while on duty.   

  • The agency has specific, detailed, written policies and procedures that guide response to DVSA incidents involving agency members (sworn and professional staff), distinct from those that govern response to intimate partner violence involving the general public.    

  • Agency policy on response to DVSA incidents involving agency members includes guidance on making on-scene arrests, when appropriate.     

  • Officers who are accused of DVSA crimes are put on immediate suspension (with pay), pending the outcome of the investigation and prosecution.  

  • All complaints of agency personnel-involved DVSA are referred to internal affairs for investigation.  

  • Complaints rising to the level of a crime should be independently investigated by an outside agency or by the agency’s specialized investigations unit (if applicable).   

  • Decisions regarding criminal charges are made by the prosecuting attorney’s office. 

  • Agency policy requires a supervisor to respond to the scene of any DVSA call involving personnel employed by that or any other law enforcement agency.   

  • When officers are called to a DVSA incident involving personnel from another law enforcement agency, the responding supervisor should make notification to the employing agency’s shift supervisor.  

  • The agency provides employee assistance, wellness services, and/or a peer support program that connects agency personnel to counseling resources and victim services referrals.   

  • The agency has an early warning or early intervention system in place, which includes complaints or signs of DVSA, sexual harassment, and gender bias in its performance indicators.   

  • Ethical considerations involving DVSA are woven into all aspects of training, education, policies, and procedures, along with law enforcement’s role in upholding civil rights.  

Explore the resources below for guidance on how to move beyond “Lagging Behind” and “Making Progress” to “Leading the Way.” The following resources provide guidance for Holding Officers Accountable for DVSA: 

  • Fara Gold, “Investigating and Prosecuting Law Enforcement Sexual Misconduct Cases,” Emerging Issues in Federal Prosecution, DOJ Journal of Federal Practice and the Law (2018), pages 77-93) https://perma.cc/9DGQ-FEPZ  

 
This project was supported by Grant No. 15JOVW-22-GK-04008-MUMU, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed on this page are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
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