Law enforcement authorities often portray themselves as the “thin blue line” protecting society from criminal behavior. However, that line—sometimes called the “blue wall of silence”—can become a major obstacle to holding officers accountable for sexual assault against someone under their legal authority.
Obstruction should not deter you from enforcing your rights. Skilled and compassionate legal counsel can help you navigate this barrier. If you have experienced sexual assault by police, a sexual abuse attorney from Phillips Law Group can help you proactively pursue the restitution you deserve.
When police officers misuse their authority and sexually abuse people in their custody, they are entirely at fault for their actions, and the victims are not to blame at all. Police officers are rarely the sole defendants in a civil lawsuit alleging such abuse.
In many situations, the police department holds vicarious liability for the misconduct of abusive police officers on the job. Additionally, it may be directly liable for failing to sufficiently supervise those officers or properly investigate sexual assault allegations against them. Furthermore, while officers may try to claim qualified immunity from civil or criminal liability for their misconduct, that immunity does not cover overtly illegal acts, such as sexual assault.
Depending on the circumstances under which a police officer engages in sexual assault, there may be multiple legal avenues for pursuing civil litigation against them. In addition to filing a suit directly against an individual officer or their employer, it may be possible to bring an action against the government agency responsible for operating and overseeing that officer and their department. The rules for this may vary based on how a particular state governs tort claims against government entities.
Alternatively, it may be possible to file a Section 1983 lawsuit in federal court if local authorities are stalling efforts to hold a police officer civilly liable for violating someone’s civil or constitutional rights. All of these options typically have different filing procedures and deadlines associated with them. Discussing the best path forward with a qualified legal professional can be a crucial first step in the legal process.
Apart from being a violation of the law, sexual assault by police is inherently a violent breach of trust. When that trust is based on the responsibility and reliability of authority figures such as police officers, these acts can be uniquely devastating and extraordinarily challenging to address through legal means.
The team at Phillips Law Group understands the challenges associated with this kind of claim, legally and emotionally. The sexual abuse lawyers on this team can provide the custom-tailored support you need to enforce your rights while minimizing additional stress for you and your loved ones. Call today to schedule a free, no-obligation consultation and discuss your claim.
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