Kara Sears
Sexual assault is a crime that can affect anyone, regardless of age, gender, race, ethnicity, sexual orientation, sexual history, or social class. While the decision to report sexual assault to law enforcement falls on the survivor, there are ways in which law enforcement can improve its response to sexual assault and reduce the occurrence of such crimes. This includes recognizing and preventing gender bias, improving police training, and implementing policies that foster transparency, vigilant monitoring, accountability, and action.
| Characteristics | Values |
|---|---|
| Reporting Options | Call 911, contact the local police department, visit a medical center, or report to campus-based law enforcement |
| Sexual Assault Forensic Exams | Available regardless of whether the survivor knows the perpetrator's identity; not required for reporting |
| Law Enforcement Training | Training provided to law enforcement officers to interact with survivors of sexual assault; police training on the topic of sexual assault |
| Sexual Assault Response Teams (SARTs) | Multi-disciplinary teams including medical personnel, law enforcement, and sexual assault service providers that coordinate the response to sexual assault |
| Limitations on Reporting | Statutes of limitations vary by state, type of crime, age of the victim, and other factors |
| Bias and Discrimination | Guidance provided to law enforcement agencies to recognize, mitigate, and prevent gender bias and other biases during investigations |
| Lawsuits and Complaints | Tracking and investigating allegations against officers to identify widespread problems and take corrective action |
| Marginalized Communities | Recognition that people from marginalized backgrounds, including women of color, LGBTQ+ individuals, and sex workers, are more vulnerable to sexual violence |
| Accountability and Transparency | Holding officers accountable for sexual violence, strengthening discipline and civil liability, and ensuring timely external reviews |
| Community Engagement | Working with impacted communities to design safety and accountability measures, such as investing in healthcare, housing, and alternatives to traditional policing |
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What You'll Learn
Law enforcement training to identify and prevent gender bias
To reduce sexual assaults, law enforcement agencies (LEAs) must receive training to identify and prevent gender bias. This is especially important given the fraught relationship between survivors and law enforcement, which can be attributed to a lack of effective training on responding to gender-based violence (GBV) and communicating with survivors.
The U.S. Department of Justice (DOJ) has published guidance to help LEAs recognize, mitigate, and prevent gender bias and other biases from compromising the response to, and investigation of, sexual assault. This guidance, which was updated in 2022, provides best practices that, when implemented into all levels of policy, training, and supervision, help law enforcement provide services free from discrimination on the basis of gender. The 2022 guidance builds on the first principle of the department's comprehensive strategy to reduce violent crime by building trust through meaningful engagement with, and accountability to, the communities they serve, including survivors of sexual assault.
The DOJ's guidance, entitled "Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence," articulates eight principles to improve responses to GBV by the 18,000 LEAs across the U.S. These principles include accountability for officer-perpetrated GBV, trauma-informed interactions with survivors, effective investigation of GBV reports, and attention to intersecting forms of discrimination.
To bridge the gap between existing training programs, rigorous evaluations are necessary to bring greater accountability, enhance credibility, and ensure training effectiveness. The International Association of Chiefs of Police (IACP) has also launched a technical assistance project, Proactive Approaches to Domestic and Sexual Violence: Recognizing and Eliminating Gender Bias in Law Enforcement, funded by the DOJ's Office on Violence Against Women (OVW). This project offers selected sites free training and support to enhance their policies, practices, and training to align with the DOJ's guidance.
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Police accountability for sexual assault and domestic violence
Police accountability is essential to ensuring justice for survivors of sexual assault and domestic violence. Unfortunately, there have been instances of police misconduct and a lack of accountability in responding to these crimes, which can violate survivors' civil rights.
In 2023, the American Civil Liberties Union (ACLU) highlighted several cases of police misconduct in Puerto Rico, Washington, D.C., and several towns across the U.S. For example, in Puerto Rico, the ACLU found that police failure to enforce domestic violence laws contributed to the highest per capita rate in the world of women killed by their intimate partners. Additionally, the Puerto Rico Police Department underreported rape crimes and failed to take action against officers who committed domestic violence. These actions, or lack thereof, can have devastating consequences for survivors and contribute to a culture of impunity.
To address these issues, the U.S. Department of Justice (DOJ) has released guidance to help law enforcement agencies recognize, mitigate, and prevent gender bias and other biases from compromising their response to sexual assault and domestic violence. The guidance aims to improve investigations and prevent the unintentional worsening of victimization for survivors. It provides best practices for policy, training, and supervision to help law enforcement handle these cases more effectively and free from discrimination.
However, as of 2020, police officers themselves have been perpetrators of sexual assault and domestic violence. For instance, in 2015, a Vancouver Police Department officer was charged with two counts of unlawful confinement and one count of assault. In 2017, another Vancouver Police Department officer was arrested and charged with three counts of sexual exploitation, one count of sexual assault, and one count of breach of trust. These incidents underscore the need for police accountability and the elimination of ingrained cultures of sexism, colonialism, and racism within police forces.
To improve police accountability and better serve survivors, law enforcement agencies should ensure that their officers are properly trained to interact with survivors of sexual assault and domestic violence. This includes understanding the impact of trauma on memory and the disclosure process, as well as recognizing and addressing their own biases. Additionally, agencies should participate in Sexual Assault Response Teams (SARTs), which provide a coordinated, survivor-centered response by involving medical personnel, law enforcement, and sexual assault service providers. By implementing these practices and following existing guidelines, law enforcement can improve their response to sexual assault and domestic violence, providing justice and support for survivors.
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Survivors' access to justice and safety
For survivors of sexual assault, the decision to report the incident to law enforcement is a challenging one. Many factors can influence this decision, including fears of not being believed, concerns about insufficient evidence, and potential re-traumatization. To improve survivors' access to justice and safety, several measures can be implemented:
Firstly, it is crucial to have specialized law enforcement officers trained to interact with survivors of sexual assault. These officers should be empathetic, understanding, and free from biases that could compromise their response. They should also be well-versed in the laws and procedures related to sexual assault cases, including the statute of limitations for filing charges. Additionally, the implementation of Sexual Assault Response Teams (SARTs) can provide a coordinated and survivor-centered approach. SARTs comprise medical personnel, law enforcement, and sexual assault service providers who work together to organize the investigation, reduce the repetition of interviews, and facilitate communication among all agencies involved.
Secondly, survivors should have access to medical attention and sexual assault forensic exams, commonly known as "rape kits." These exams are crucial for checking internal injuries and collecting DNA evidence, regardless of whether the survivor knows the perpetrator's identity. By law, survivors should not be billed for the direct costs of these forensic exams. The Violence Against Women Reauthorization Act of 2013 has further facilitated reporting by allowing for "Jane Doe rape kits," where survivors can choose to be identified by a code if they wish to remain anonymous initially.
Thirdly, law enforcement agencies should strive to identify and prevent gender bias and other biases that may hinder their response to sexual assault cases. The U.S. Department of Justice has issued guidance to help LEAs recognize and address these biases effectively. This includes providing services free from discrimination and improving the investigation process to avoid unintentionally worsening the trauma for survivors.
Lastly, proactive interventions and accountability measures are essential to address police sexual violence and misconduct. This includes tracking lawsuits and complaints against officers, conducting timely and transparent reviews, and holding officers and their leadership accountable for any abuses of power. Strengthening discipline and civil liability for officers who commit sexual violence is a critical aspect of preventing recurrence and demonstrating governmental commitment to breaking the norms of secrecy and silence.
By implementing these measures, law enforcement can significantly improve survivors' access to justice and safety, helping them regain a sense of control over their lives and reducing the trauma associated with reporting sexual assaults.
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Addressing sexual violence in criminal justice reform
Firstly, law enforcement agencies should implement policies and training that address gender bias and other biases that may compromise their response to sexual assault. This includes recognizing and mitigating power imbalances between officers and community members, particularly those from historically marginalized backgrounds, such as women of color, LGBTQ+ individuals, and sex workers, who are more vulnerable to sexual violence. Law enforcement agencies should also participate in Sexual Assault Response Teams (SARTs), which provide a coordinated and survivor-centered approach by involving medical personnel, law enforcement, and sexual assault service providers. These teams help organize investigations, reduce repetitive interviews, and facilitate communication among agencies.
Secondly, there should be a focus on improving the reporting process for survivors of sexual assault. While reporting is a personal decision, it can aid in recovery and regaining a sense of control. Law enforcement should ensure that survivors are aware of their options for reporting, which may include calling 911, contacting local police or campus-based law enforcement, or speaking to a medical professional. It is important to address concerns about a lack of physical injuries, as most sexual assaults do not result in external injuries. Survivors should be encouraged to seek medical attention for internal injuries and undergo a sexual assault forensic exam to check for DNA evidence.
Additionally, law enforcement agencies should actively work to prevent and address sexual violence within their own ranks. This includes tracking lawsuits and complaints against officers, investigating allegations, and taking corrective action when problems are identified. Holding officers accountable and demonstrating a commitment to breaking the norms of abuse are crucial aspects of this process.
Finally, criminal justice reform should involve community engagement and investment in alternatives to traditional policing. Localities should work with impacted communities to design safety and accountability measures, such as investing in healthcare, housing, and alternative first responders like civilian traffic enforcement or mental health responders. These measures can help repair the harm caused by police sexual violence and rebuild trust between communities and law enforcement.
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Reducing risk of sexual assault
Reducing the risk of sexual assault is a challenging task for law enforcement, requiring thorough investigations and careful efforts to avoid retraumatizing survivors. Here are several strategies that can help reduce the risk of sexual assault:
Training and Education
Law enforcement agencies should invest in comprehensive training for their officers to handle cases of sexual assault sensitively and effectively. This includes recognizing and addressing their biases, particularly gender biases, to ensure unbiased responses and investigations. Training should also focus on understanding the dynamics of sexual assault, including the impact of power imbalances and the diverse backgrounds of survivors.
Specialized Response Teams
Agencies can establish Sexual Assault Response Teams (SARTs) that bring together medical personnel, law enforcement, and sexual assault service providers. SARTs provide a coordinated and survivor-centered approach, reducing the repetition of interviews and facilitating effective communication among agencies involved. This specialized response helps streamline the investigation process and ensures survivors are not retraumatized by unnecessary questioning.
Accessible Reporting Options
Law enforcement should promote multiple reporting options for sexual assault survivors, including calling 911 in emergencies, contacting local police departments, or visiting medical centers for treatment and reporting. College and university campuses should also have dedicated resources for students to report sexual assaults to campus-based law enforcement. Additionally, survivors should be made aware that they can report assaults even in the absence of physical injuries, as most sexual assaults do not result in visible external injuries.
Forensic Examinations and Evidence Collection
Sexual assault forensic exams, commonly referred to as "rape kits," are crucial for evidence collection, including DNA evidence, even if the survivor does not know the identity of the perpetrator. Law enforcement should ensure that survivors are not billed for these exams and that they are offered anonymously, such as through "Jane Doe rape kits," to encourage reporting without fear of repercussions.
Accountability and Transparency
Police departments should implement systems to track lawsuits and complaints against officers, proactively investigate allegations, and take corrective actions to address widespread problems. This includes holding officers accountable for sexual misconduct and demonstrating a commitment to breaking the culture of secrecy and silence. External and transparent reviews can help ensure proper and timely actions are taken, preventing the recurrence of abuses.
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Frequently asked questions
Law enforcement agencies can take several steps to reduce sexual assaults and improve their response to such cases, including:
- Recognising and preventing gender bias and other biases to ensure a fair investigation and handling of sexual assault cases.
- Participating in Sexual Assault Response Teams (SARTs), which provide a coordinated response with medical personnel and sexual assault service providers.
- Implementing clear policies, training officers, and establishing supervision protocols to address sexual assault and hold officers accountable.
Reporting sexual assault is a personal decision, and there are multiple options available:
- Call 911 if you are in immediate danger.
- Contact your local police department by calling their direct line or visiting the station.
- Visit a medical centre and inform a medical professional if you are being treated for injuries resulting from sexual assault. You can also request a sexual assault forensic exam to check for internal injuries and collect DNA evidence.
Law enforcement agencies can improve their response to sexual assault cases by addressing biases, particularly gender bias, and implementing best practices at all levels of policy, training, and supervision. This includes providing services free from discrimination and building trust with the communities they serve, including survivors of sexual assault.
