NCJ Number
191754
Journal
Journal of Criminal Justice Volume: 29 Issue: 5 Dated: September/October 2001 Pages: 389-405
Date Published
2001
Length
17 pages
Annotation
This study documents U.S. court decisions that have imposed civil liability on police and correctional officers who have perpetrated sexual violence.
Abstract
Forming the basis of the analysis are cases litigated under Title 42 U.S. Code Section 1983. This legislation establishes civil liability for individuals who "under color of any statute" deprive an individual of "any rights, privileges, or immunities secured by the Constitution and laws." The study organizes the cases examined into the following categories: establishing the color-of-law requirement in police sexual violence (PSV) cases; sexual violence that violates the Fourteenth Amendment's due process clause; and sexual violence that violates the Eighth Amendment's prohibition against cruel and unusual punishment. Additionally, the study notes that most officers charged with PSV attribute their behavior to common rape myths that persist in police subcultures, myths that tend to neutralize their criminal behavior and shift blame to the victim. The study recommends that criminal justice agencies mount efforts to eradicate rape myths and sexual stereotypes held by their employees. Research indicates that participation in a rape-awareness program reduces adherence to rape myths. The more criminal justice personnel know about the prevalence and causes of PSV, the more likely they will be able to prevent such behavior. Further research on PSV is required within the legal, subcultural, and social contexts. 14 notes and 129 references