A recent report by the General Accounting Office reveals that no violations were recorded under a federal law prohibiting sexual acts by federal law enforcement officers against individuals in custody during the 2024 fiscal year. The report, “Federal Law Enforcement: Criminal Sexual Acts while Serving in Official Capacity (2024 Update),” was issued in October 2024 and follows a legal mandate from the Consolidated Appropriations Act of 2022, which criminalized sexual acts between federal officers and individuals under arrest, supervision, detention, or federal custody. Consent is not considered a valid defense under this law, automatically holding officers accountable for engaging in prohibited conduct.
The Department of Justice’s (DOJ) Civil Rights Division and the 94 U.S. Attorneys’ Offices are responsible for prosecuting such offenses. Data for the report was collected from the DOJ’s Executive Office for United States Attorneys (EOUSA) using its CaseView system, which tracks federal prosecutions. The audit covered cases and violations filed between October 1, 2023, and September 30, 2024, and confirmed that no charges were filed under the relevant statute, 18 U.S.C. § 2243(c), during this period.
This is the second consecutive year without any reported violations under the law, which went into effect on October 1, 2022. The report highlights potential reasons for the absence of cases, noting that incidents occurring before the provision’s effective date cannot be prosecuted under the new statute. Additionally, the time needed to investigate, file, and resolve cases can span several years. Officials also emphasize that victims in custody or detention may be reluctant to report abuse promptly due to fear of retaliation or distrust of law enforcement, contributing to a broader issue of underreporting.
The report underscores the complexity of prosecuting sexual misconduct by federal officers and reflects broader challenges within the criminal justice system regarding accountability and transparency. While the absence of reported violations might suggest a deterrent effect, DOJ officials caution that unreported cases remain a significant concern, especially in environments where victims may fear repercussions. Future reports will continue to monitor compliance with the law, providing updated data on cases filed and violations recorded.
This audit, conducted between July and October 2024, followed government auditing standards to ensure the reliability of findings. The DOJ aims to maintain transparency through annual reporting, offering insight into the enforcement of the law. Despite no cases being reported for fiscal years 2023 and 2024, officials remain focused on the ongoing need for vigilance and accountability in preventing sexual misconduct by federal officers.
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