Features Behavioural Sciences
Crossing the line: Examining police sexual misconduct and violence against women

Although my role as an operational forensic psychiatrist with the police is primarily assisting as a criminal investigative psychiatrist, I have occasionally been asked to assess police officers who have engaged in boundary violations that victimize women.

In medicine, distinct boundaries separate the relationship between a physician and patient. Other professions, like policing, have similar boundaries. The National Police Chiefs’ Council of the United Kingdom, in conjunction with the College of Policing, has published a guideline regarding these boundary violations.

The guideline states that police personnel must act ethically, professionally and appropriately, and treat all individuals with whom they have contact with dignity and respect. Their Code of Ethics states that “officers/staff must not engage in sexual conduct or other inappropriate behaviour on duty and must not establish or pursue an improper sexual or emotional relationship with a person with whom they come into contact in the course of their work who may be vulnerable to an abuse of trust or power.”¹

The Code goes on to say that “while a sexual or improper emotional relationship with any member of the public met through work is likely to be a breach of this guidance, the breach will be aggravated where the member of the public is particularly vulnerable.” There are several examples of what might be considered “particularly vulnerable”, which included suicidal individuals, victims of domestic abuse, people with dependencies on alcohol and/or drugs, young people, people who have been trafficked and unhoused individuals.¹

Offensives against women by police are on a continuum. Krasper and Kappeler (1995) described “unobtrusive” behaviour as consisting of viewing sexually explicit material that has been seized as part of an investigation. This would be considered a form of secondary victimization. “Obtrusive” behaviour consists of roadside strip searches, illegal detentions, deception, sexual favours, provision of services for sexual favours and sexual harassment. These behaviours are obviously criminal in nature; however, Krasper and Kappeler (1995) have a separate category on this continuum, described separately as criminal behaviour. Examples provided are sexual harassment and sexual assault.

Case study – Driving While Female

About three decades ago, I was asked to assess a constable from a municipal agency who had several complaints regarding his behaviour during traffic stops. An analysis indicated that over 75 per cent of his traffic stops were of young women, which increased during the summer months. On the guise of conducting searches for illicit drugs, he would have women unbutton their shirts or lift their halter-tops. Many of these victims would then be warned about their driving instead of receiving a ticket. On a few occasions, he would circle the block a few times if he noticed a particularly attractive woman and tried to engage them in conversation. Sometimes, he would drop his keys or pen, hoping the victim would bend over and pick it up. He left the job prior to his Police Act hearing.

Developing a sexual or improper emotional relationship with a member of the public with whom you have professional contact may also amount to an abuse of your position.

In the literature, this behaviour is referred to as Driving While Female. The primary motivation for pulling over the vehicle is that the officer perceives the female driver and/or female passenger(s) as attractive. Sometimes, the questions get personal, such as “Do you have a boyfriend?” “Where do you work?” “Do you want to meet for a drink after I get off work?”

Case study – Befriending and grooming a victim of domestic violence

A uniform member who responded to a domestic violence call began showing up at the victim’s residence on the premise of following up to see how she was doing. He did these follow-up “well-being checks” while he was off duty. One night, he suggested they order dinner, and he brought over a bottle of wine. She disclosed his amorous overtures to her therapist, who encouraged her to lodge a complaint against the officer and the police agency.

Case study – Inappropriate sexual comments to females

A different senior constable had a pervasive pattern of maladaptive interpersonal functioning that chronically interfered with his ability to be a police officer. He was rigid in his dealings with the public and fellow officers and did not respond well to criticism from his supervisors. He appeared to be a “loner” who distrusted fellow officers and was regarded by others in the police service as “bizarre” and “unmanageable”.

In the past, this senior constable had stolen from other officers and made several sexually inappropriate comments to female members of the public, whom he insisted on interviewing at the station. He also tried to have to have one complainant return on a Saturday. According to evidence provided at the hearing, in the interview room, the constable asked the woman about the size of her ex-boyfriend’s genitalia and inquired if she stayed with her boyfriend because of his “size”.

On another occasion, a woman came in to complain that her criminal record was released to an ex-spouse’s lawyer. The officer asked her if she enjoyed being a sex worker and made comments about nude parties he had attended.

I recommended a female undercover officer from another police service act as a complainant who would present when the police officer in question was on duty. When he interviewed her, he asked if she liked big or small (penises), whether oral sex was good sex, and if she performed oral sex. At one point, the constable pushed aside the woman’s jacket and commented on her small waist. He said she had a good figure but couldn’t tell for sure because she wasn’t nude. The constable then touched her “cleavage area” with a pen. Later, after he was off duty, he drove by the gaff address that the UC had provided a total of three times.

Upon examining all the evidence before him, the Presiding Hearing Officer determined that this senior constable “demonstrated a propensity for asking inappropriate questions of a sexual nature and making inappropriate comments of a sexual nature when in contact with women who approach the Police Service for assistance.”

Conclusion

Developing a sexual or improper emotional relationship with a member of the public with whom you have professional contact may also amount to an abuse of your position. If you have a concern, check with your supervisor.

It is your responsibility to be aware of the imbalance of power between you as a member of a police service and members of the public you encounter through your work and to maintain professional boundaries.

Reference

1. “Maintaining a professional boundary between police and members of the public.” National Police Chiefs’ Council and College of Policing. Accessed at https://assets.college.police.uk/s3fs-public/2021-02/college_of_policing_guidance_on_professional_boundaries.pdf.

Peter Collins is the operational forensic psychiatrist with the Ontario Provincial Police’s Criminal Behaviour Analysis Section. He is also a member of the crisis/hostage negotiation team of the Toronto Police Service Emergency Task Force. Dr. Collins’ opinions are his own. Contact him at peter.collins@utoronto.ca.