Police officers play a crucial role in maintaining order in society. To become a police officer in California, you must undergo rigorous training to ensure you are qualified. Unfortunately, your efforts can go down the drain if you face sexual harassment charges. Police often face sexual harassment charges even in seemingly innocent situations. For example, you can face sexual harassment charges if you mishandle a client during an arrest. If you or your loved one is a police officer currently facing sexual harassment charges in San Diego, CA, our attorneys at the Empower Sexual Harassment Attorneys can help. We have skilled attorneys experienced in handling sexual harassment charges. When you contact us, we will help you create a solid defense to fight your sexual harassment charges.

Sexual Harassment By A Police Officer

It can be challenging for a police officer to face sexual assault or harassment charges. Society has a perception that police officers use the power vested in them to arrest and take advantage of victims. Tools like guns and badges can help them exploit the vulnerable in the community. Rogue police officers can use their tools of trade to coerce people to yield to their advances yet avoid trouble and stay out of custody. The following are the common examples of sexual harassment cases involving police officers:

  • Rape by a corrections officer
  • Sexual assault during a late-night traffic pullover
  • Coercive, subtle conversations in the office of the parole officer

It is a crime for a police officer in California to have sex with a person whom he/she has arrested or put in custody, even if the offender consents to it.

Sexual harassment is outlined under California law as any unwelcome sexually oriented conduct. One-off sexual conduct or petty teasing might not amount to a sexual harassment case. Your conduct must be substantially severe or pervasive to create a hostile environment in the workplace. It must also have a negative influence on a victim’s working conditions.

Sexual conduct can only be admissible in court as sexual harassment if it is unwelcome. The law permits sexual conduct between two consenting adults, but the policies of the police department consider it illegal. According to the law, a person can consent to sexual conduct but change their mind later on. In this case, the recipient decides if the conduct is welcome, not the police officer.

Quid pro quo is another common form of sexual harassment, which means sexual favors in exchange for something. A police officer can be accused of qui pro quo sexual harassment if he/she demands sexual favors in exchange for looking the other way. You can coerce a person to engage in sex to avoid an arrest, in most cases, wrongful arrest. At the workplace, a senior police officer can be accused of quid pro quo sexual harassment in exchange for favorable job decisions. Sexual favors can be sought to avoid the repercussions of internal investigations.

Another form of sexual harassment that police officers can be accused of is creating a hostile work environment. This case involves conduct that makes someone else’s working environment hostile based on severe or pervasive conduct. A police officer can be accused of distributing or displaying sexually explicit images. You can also be charged with making remarks or other forms of bullying based on another person’s gender or sexual orientation.

Police Officer Sexual Harassment In America

Studies reveal that sexual harassment through excessive force is a common form of police misconduct in America. The City of Los Angeles paid over $8 million in settlements for sexual harassment and assault claims between 2011 and 2017. This often happens because of the size and scope of police departments. Most complaints about sexual harassment arise from the public, internally, and between police officers.

Often, law enforcement agencies have struggled with the offense of gender discrimination and sexual harassment. Most police officers have gotten away with the offense, which is very serious. This offense is common in male-dominated or traditionally prevalent in masculine workplaces. As such, many female officers have faced sexual harassment or gender discrimination. Only a few female police officers report these violations. Female police officers claim that sexually oriented jokes and materials form part of their daily work. This is the agony they must endure to keep their jobs in law enforcement.

However, often, victims of police misconduct and sexual harassment are encouraged to report these cases because many incidents go unreported. Unfortunately, the media never talk about these incidents because most senior police officers and a few junior police officers are the main perpetrators.

Effects Of Police Officer Sexual Harassment

Most police departments and fellow officers treat sexual harassment by police as a secret. Most law firms also avoid pursuing injuries associated with sexual harassment by police. However, according to the International Association of Chiefs of Police, many people have spoken out about police sexual harassment. Many female police officers have filed complaints with the police departments and have won most gender discrimination and sexual harassment cases.

Police departments have been forced to reassess their training methods and come up with ways to stop sexual harassment by police officers. Sexual harassment and gender discrimination by male police officers are among the main reasons why female police officers quit their careers in the police force. Sexual harassment attorneys are constantly advocating for public employees, including female police officers, to be accorded fair treatment at the workplace. This includes the right to a secure working environment free from sexual harassment, neglect, harm, and equitable pay based on their position.

Most female officers who experience sexual harassment in the workplace feel violated, vulnerable, and unprotected. When this happens, they are forced to seek therapy and psychological treatment to help them be productive again. Unfortunately, this puts a significant emotional and financial burden on them.

What To Expect After Being Accused Of Police Sexual Harassment

You can be suspended if you are accused of police sexual harassment. The police department can also order you not to contact the victim or witnesses if you are not suspended. You can also be instructed not to go to your workplace or social events until your case is resolved. The law demands that the department imposes reasonable restrictions on you that relate to your offense.

An internal investigation will be carried out by the police department whether you are suspended or not. You, your accuser, and any witnesses will be interrogated. The investigator will gather essential evidence. Other evidence deemed necessary to your innocence will be considered. The evidence that will be considered includes emails, instant messaging, CCTV, and telephone records.

The police department will conduct the investigations quickly and confidentially. Sometimes, your co-workers will not be notified about your case or why you are not reporting to work. Your colleagues will be ordered to keep it a secret if they have been informed or are part of the investigation. It is unlawful for your co-workers to discuss your case during the investigation. The stigma associated with sexual harassment can make it hard for you to resume work once your name has been cleared or if the punishment is a warning or other punishment short of dismissal.

Whether You Should Resign If You Are Being Investigated For Police Sexual Harassment

If you are being investigated for police sexual harassment, you can only resign depending on the particular circumstances of your case. You should consult your attorney for legal guidance. Whether or not you must resign will rely on your notice, role, and contract. You can apply for a leave of absence if you are being investigated for any offense. During this period, you can cooperate fully with the investigation.

Resigning upon facing sexual harassment charges will not resolve your case. The police department can continue the investigation and conduct a disciplinary hearing during your notice period. The department can also dismiss you for gross misconduct even after resigning. The police department can also consider your resignation as a sign of guilt. Some situations require discussion, but quitting will not prevent an investigation or disciplinary action.

Steps To Take If You Believe You Were Unfairly Dismissed or Disciplined For Police Sexual Harassment

You can prepare a robust appeal against the ruling of the police department if you feel you were dismissed or disciplined unfairly for police sexual harassment. The department requires that you file your appeal within five days. You should also check any relevant correspondence you received during the disciplinary process for a deadline. The police department policies allow you to appeal against the following:

  • The kind of penalty imposed on you is either too harsh or inconsistent with prior punishment.
  • The fairness of the disciplinary process
  • The evidence that the investigators gathered
  • The ruling made

You will be allowed to present new evidence when appealing. The police department will allow you to explain why you feel the punishment was unfair. Your appeal should be in writing. A more senior officer who has never been involved in your case before will preside over your case. The officer will then schedule an appeal meeting to review your punishment or re-hear your case.

You can appeal to an employment tribunal after the outcome of your appeal if you are still unconvinced with the disciplinary action. In this case, you can allege that the police department failed to allow for a fair disciplinary or investigation process.

You are required to make your appeal to the employment tribunal within three months from the date of the ruling. If you appeal for unfair dismissal, you must have worked in the police force for two years.

Defenses To Police Sexual Harassment Charges

Some of the defenses you can use to fight sexual harassment charges include:

Mistaken Identity

The purpose of mistaken identity defense in a sexual harassment case is to prove that you are not liable for committing the assault. Most victims tend to know the perpetrators in many sexual harassment cases, but you can present this defense if your accuser does not know their assailant.

When presenting this defense, you can introduce evidence to prove that you were elsewhere during the alleged harassment. You can also argue and present evidence that your accuser or witnesses mistakenly identified you as the perpetrator. In some situations, you can recommend DNA or other forensic evidence showing that you were elsewhere.

You can also claim that you have never met your accuser. The offense could have happened a long time ago, and you might not remember meeting your accuser, particularly if the said offense was a one-time incident. The prosecutor will have a hard time to prove you guilty if there are no witnesses or other evidence. He/she cannot win this case by depending solely on the testimony of your accuser if the incident happened a long time ago.

The Victim Consented To Sex

Consent is an essential element in most sexual harassment cases. You can use this defense to prove that your accuser consented to the sexual activity that was claimed as harassment. However, it is hard without other evidence to prove that your accuser consented to sex. You require sufficient evidence to convince the court that your accuser consented to sex.

Mistaken Belief In Consent

This defense can only be valid if you prove that you believed your accuser consented to sex, even if your belief was a mistake. You must provide sufficient evidence to mount this defense effectively. You need to prove that you honestly believed your accuser consented and that this belief was reasonable under the circumstances. To defend these two factors, you must show your steps to seek and secure consent. The judge will discount this evidence if there are no reasonable grounds to believe that your accuser consented to sex. The court will dismiss this defense if the pursuit of consent was intentionally vague or reckless.

Defending Yourself Against Sexual Harassment False Accusations

False accusations about sexual harassment can ruin your career and life as a police officer. You should know the steps to take if you have been accused falsely of sexual harassment. It is possible to clear your name if you use the appropriate strategy and work closely with a skilled attorney. Some of the steps you should take in this situation include:

Staying Calm

Being falsely accused of committing sexual harassment can be devastating. Being charged with this offense takes a toll on a police officer physically and emotionally. It is normal to fight back and defend yourself. However, fighting false allegations rashly and angrily can hurt your case. Even if you feel justified in fighting your charges, it can give your accuser more evidence to use against you. Your profession will be at stake if false accusations involve sexual harassment. Being angry will mean irrational behavior even if you are justified. This can make the judge conclude that you are guilty of the offense.

You should stay calm if your co-worker or someone else accuses you of sexual harassment. You must also avoid talking to the police without your criminal defense attorney. In this situation, explaining what happened to clear your name is tempting. Law enforcement officers are trained to extract information from people, even false confessions. They can force you to waive your legal rights. Remain firm and tell them you are not ready to speak until your attorney comes. This will significantly assist your legal team in creating a solid defense for your charges since you will not self-incriminate. California law allows you to remain silent during an arrest because anything you say could and will be used against you in court.

Hire A Criminal Defense Attorney

Consulting a criminal defense attorney is essential if you are falsely accused of sexual harassment. You can fight these allegations solely, but having a skilled attorney advocate for you is a good idea. The attorney will help you understand the laws regarding the offense you have been falsely accused of. He/she will also explain any laws about false accusations against you.

People sometimes go solely to defend themselves against false allegations because of legal bills involved in seeking skilled legal representation. Unfortunately, doing this can hurt your efforts. In this case, the attorney will help you gather the necessary evidence.

Gather Evidence

After discussing your situation with them, you can start working on the evidence with your attorney. This is crucial because it will help you prove what you said and how you acted. You should keep a journal if you are falsely accused of sexual harassment, either a physical one or keep a tab open on your notes on your mobile phone. Write down what happened in the in-person meetings. You should record what you say over the phone or anything you send as a text. It is also important to gather people who were around during the incident to help you prove your innocence.

Challenge Your Accuser’s Credibility

You and your attorney should start developing a strategy to counter the false accusations against you. Your attorney can put your accuser under oath on the stand if he/she accuses you falsely of sexual harassment. The attorney will cross-examine your accuser if he/she has a record of accusing people falsely or has other motives for accusing you. After establishing what your accuser stands to gain from the false allegations, your attorney will argue that your accuser is not credible. The attorney can ask questions, which will make your accuser unreliable.

Develop Defense Strategy

Your attorney will gather substantial evidence to help them develop a solid defense. The attorney will use the defense to challenge the testimony of the prosecutor’s witnesses. Challenging the witness will be vital if the prosecutor’s case is founded on the false allegations of one witness.

Your attorney can also sue your accuser for making false allegations against you. Sometimes, this is sufficient to make your accuser back down and refuse to testify in court. A skilled criminal defense attorney will assess your case and point out weaknesses in the prosecutor’s case. An attorney will also help you understand the charges you are facing and prepare you if the case proceeds to trial.

Compensation For Wrongful Police Sexual Harassment Claim

You can be awarded damages for wrongful police sexual harassment allegations based on the following:

  • Type of claim you have
  • The unfairness of your treatment
  • Personal circumstances like the ability to secure another job and your remuneration

You can present an unfair dismissal allegation if the police department dismissed or mistreated you. You will receive $105,707 maximum under the current compensatory statute or a gross salary of 52 weeks, whichever is lower. This will be in addition to the basic award of $19,290 maximum. These increased awards are often updated every year.

However, the employment tribunal can lower both the compensatory and basic awards if it establishes that your behavior contributed to the situation. The employment tribunal can also do this if the police department can demonstrate that you will still have been dismissed even if it followed a fair process. In cases where the police department failed to follow a fair disciplinary process, the employment tribunal can increase the compensation to 25%.

You are eligible for contractual notice and contractual benefits if the police department dismisses you without notice when your actions do not amount to gross misconduct. The department can only dismiss you without contractual payments, like your notice payment, if you are guilty of gross misconduct. You are entitled to your notice payment and any other benefits if yours was an ordinary misconduct dismissal and you are dismissed without notice.

You will have unlimited compensation if the police department mistreats you during the investigation or disciplinary process because of the following:

  • Disability
  • Age
  • Sexual orientation
  • Sex, or
  • Your race

Unlimited compensation is often assessed against your financial losses and an injury to feelings award.

Find a Sexual Harassment Attorney Near Me

Sexual harassment charges can taint your name and affect your profession as a police officer. You can face stigma from society and watch the career you have built through the years go down the drain. If you or your loved one faces sexual harassment charges, you should not panic or give up. Your first step should be to contact an experienced attorney to help you fight your charges. At Empower Sexual Harassment Attorneys, we have competent attorneys who can help you fight the sexual harassment allegations against you in San Diego, CA. Contact us at 619-604-3027 to speak to one of our attorneys.