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.

Sexual harassment and assault are a very common form of police brutality.

Police brutality often includes cases of sexual harassment and sexual misconduct by police officers who are found to have conducted sexual harassment, sexual abuse, sexual acts and/or other types of sex-related violations on an adult or minor and covers consensual sexual activity that occurs when an officer is on-duty, sexual assault and child molestation. 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.

De-certification and loss of badge for proven offenses.

Officers can lose their badges and become de-certified 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 de-certified between 2009-2014, and 162 were related to sexual misconduct on the job.

Formal Complaint.

A formal complaint needs 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.

Dispositions can be sustained, not sustained, exonerated, unfounded or a result of policy failure and followed up with more training, counseling, written reprimands, suspension, demotion, and termination. In a criminal misconduct complaint for any unwelcome sexual advances, requests or demands for sexual favors, and other verbal or physical conduct of a sexual nature by law enforcement in the course of their job, the penalties will be more serious after the allegations have been substantiated.

Hire 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. Damages may include hospital/medical expenses; past and future permanent 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.

The Law Offices of
Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Office: 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
http://interactives.ap.org/2015/betrayed-by-the-badge/?SITEID=apmobile