police brutality lawyers cape coral florida

Sexual assault by a police officer is an act that may result in a criminal conviction.  Hire experienced legal counsel to make sure your rights are not further violated. .

 

Sexual assault.

If a police officer has engaged in sexual harassment or abuse, under the guise of their professional employment, it is a form of police brutality and civil and criminal legal action may be brought against that officer.  A Cape Coral officer used his authority to victimize a minor after taking them on rides and then to his house.

Burden of proof.

The burden of proof in an accusation of sexual misconduct against an officer of the law is daunting, and hiring an experienced Florida attorney is beneficial at the outset of a formal complaint that may lead to litigation. Law enforcement officers are given broad power through the badge, to protect people and enforce the law but those who are sexual predators tend to target the general public through acts of police brutality.  In a case where an officer has sexually abused more than one victim, the additional weight of the allegations resulted in a conviction. A second trial was dismissed due to the possibility of the jury being prejudiced against Officer Casey after the first trial and a 15 year criminal conviction.

Officer de-certification. 

Officers can lose their badges and become decertified through if there is any validation of these sexual offenses, including child pornography, and consensual, but prohibited, on-duty intercourse.  The State of Florida is automatically notified if an officer is arrested, but local departments must further report the sexual misconduct of those activities that are below the standards of “moral character” so that it can be categorized for future evaluation at multi-departmental levels.  Florida is a state that keeps de-certification records and found that 2,125 officers were decertified between 2009-2014, and 162 were related to sexual misconduct on the job.

Formal complaint.

A formal complaint will need to be made to the Cape Coral Police Department by telephone, in writing or in person. This can also be done with legal representation since the charge is severe, and will probably go to the Internal Affairs Department, where a written report of the complaint will be made. Citizens who accuse a member of the Police Department of committing a crime, violating a person’s civil rights, dereliction of duty, or acts of gross misconduct will be given the opportunity to present their complaint to a representative of Internal Affairs. Upon the completion of a thorough investigation, the complainant will be notified by letter from the Professional Standards Bureau Investigator of the disposition of the complaint.

Results of complaints.

The disposition can be sustained, not sustained, exonerated, unfounded or a result of policy failure.  Certain types of misconduct will result in more training, counseling, written reprimands, suspension, demotion, and termination.  In a criminal misconduct complaint, serious definitive penalties will ensue after the allegations have been substantiated.

Damages.

Damages may include hospital/medical expenses; past and future disability payments; emotional distress; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due injury caused by police brutality through sexual harassment or misconduct.

Call an attorney.

If you or someone you know has been victimized by a police officer through sexual harassment or sexual misconduct, contact legal counsel at The Law Office of Michael M. Raheb to go over your legal options.

The Law Offices of
Michael M. Raheb, P.A.

2423 First Street,
Fort Myers FL 33901
Phone: 239-226-0888
Fax Number: 866-949-0888

 

Sources:

http://www.flsenate.gov/Laws/Statutes/2018/776.05

https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice

https://www.usconstitution.net/xconst_Am4.html

https://www.news-press.com/story/news/crime/2016/07/11/ex-cape-coral-cop-sentenced-15-years-underage-sex-casey-ortiz/86957048/

http://interactives.ap.org/2015/betrayed-by-the-badge/?SITEID=apmobile

https://www.nbc-2.com/story/27405322/new-details-in-case-of-ccpd-officer-accused-of-sex-with-teen

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