Federal Law Enforcement Officers: Criminal Sexual Acts while Acting in Official Capacity
Fast Facts
A new provision of law, effective October 1, 2022, makes it specifically illegal for someone acting in their capacity as a federal law enforcement officer to knowingly engage in a sexual act with someone who is under arrest or supervision, in detention, or in federal custody. Consent is not a defense to a violation of this provision.
In FY 2023, there were no charges and convictions under this provision. Officers can't be charged for prohibited conduct that occurred before October 1, 2022, which may explain why there have been no convictions to date. And it can take several years to charge and convict an officer for such a violation.
Highlights
What GAO Found
The Consolidated Appropriations Act, 2022, enacted a provision of law, codified at 18 U.S.C. § 2243(c), making it unlawful for someone, while acting in their capacity as a federal law enforcement officer, to knowingly engage in a sexual act with an individual who is under arrest, under supervision, in detention, or in federal custody. According to an official from the Department of Justice (DOJ), consent is not a defense to a violation of 18 U.S.C. § 2243(c) and therefore federal law enforcement officers are automatically liable if they engage in the prohibited conduct. Generally, DOJ's Civil Rights Division and/or the 94 U.S. Attorneys' Offices throughout the country prosecute sexual offenses committed by federal law enforcement officers.
According to DOJ data, there were no cases filed by DOJ and no violations (criminal convictions) pursuant to 18 U.S.C. § 2243(c) in fiscal year 2023. Individuals cannot be charged for prohibited conduct that occurred prior to the provision's effective date of October 1, 2022, which may explain why there have been no violations and no cases filed to date. Prior to the new provision, federal law enforcement officers committing criminal sexual acts against these individuals may have been prosecuted under other criminal statutes. An official from DOJ's Office on Violence Against Women noted that there is a high rate of underreporting of sex offenses in general, particularly when it involves victims in custody or detention of law enforcement. Also, it can take several years from the time of an alleged incident to the filing of a criminal case to a disposition of the criminal case.
Why GAO Did This Study
The Consolidated Appropriations Act, 2022, includes a provision for GAO to report on violations of 18 U.S.C. § 2243(c) committed between October 1, 2022 and September 30, 2023, and then to report annually thereafter. This report provides information on the number of cases filed by DOJ and the number of violations of 18 U.S.C. § 2243(c) during fiscal year 2023. To address our objective, GAO collected information from DOJ officials responsible for maintaining data on charges and convictions pursuant to federal statutes. GAO also interviewed DOJ officials to understand how they report cases filed and violations in their data system, and we assessed the reliability of that data.
For more information, contact Derrick Collins at 202-512-8777 or CollinsD@gao.gov.