Citation

Eschholz S, Vaughn MS. J. Crim. Justice 2001; 29(5): 389-405.

Copyright

(Copyright © 2001, Elsevier Publishing)

DOI

10.1016/S0047-2352(01)00104-0

PMID

unavailable

Abstract

Emergence of police sexual violence (PSV) as an inquiry of police deviance has recently received increased attention. This article expands this trend, documenting court decisions within the U.S. that impose civil liability on police and correctional officers who perpetrate sexual violence. Forming the basis of the analysis are cases litigated under Title 42 U.S. Code (USC) Section 1983. The article organizes these cases into the following categories: (1) establishing the color of law requirement in PSV cases; (2) sexual violence that violates the Fourteenth Amendment's due process clause; and (3) sexual violence that violates the Eighth Amendment's prohibition against cruel and unusual punishment. Additionally, the article notes that most officers charged with PSV attribute their behavior to common rape myths that persist in police subcultures. Calling for additional police training on rape myths, the article concludes that further research is needed on PSV within the legal, subcultural, and social context.