Sexual Assault and Color of Law Violations

Police officers are mandated to uphold the rights of all individuals in the United States while executing their official duties. Any abuse or deprivation of these rights by law enforcement constitutes a color of law violation. Thus, if an individual is sexually assaulted by a law enforcement officer, it constitutes a breach of the color of law, warranting accountability for that officer’s actions. Regardless of a person’s race, religion, age, or gender, their Constitutional rights must be respected and upheld, even – and especially – by those in positions of authority.

How frequently do instances of sexual assault and abuse occur involving police officers?

The American Civil Liberties Union (ACLU) identifies sexual abuse as “one pernicious form of persistent police violence. And like excessive force, it grows from conditions that condone or fail to curtail police misconduct.” According to the Bureau of Investigative Journalism, over the past five years, more than 300 police officers have been accused of rape and over 500 of sexual assault. Alarmingly, many of these accused officers continue to serve within law enforcement agencies. Recent reports from California highlight several cases of alleged sexual assault involving police officers:

• In November 2023, Deputy Jonathan Tejada Paredes, employed with the Los Angeles Sheriff’s Department, was arrested for allegedly sexually assaulting a female inmate while on duty at a detention facility. He was held on a bail of $100,000.
• In May 2023, a Los Angeles Police Department officer was charged with sexually assaulting four young boys aged 9 to 13, though it remains unclear whether these incidents occurred while on duty. Most of the assaults reportedly took place at the officer’s residence. He received four counts of lewd acts upon a child.
• In November 2022, former police sergeant Nicholas Bloed was arrested and charged with 15 counts, including forcible oral copulation, prostitution, and bribery. Several women accused him of coercing them into sexual acts while he was on duty.
• In August 2022, former Sanger Police Department officer J. Deshawn Torrence faced charges of color of law deprivation for allegedly sexually assaulting four women while on duty, compelling one victim to undress without justification and, forcing multiple victims into various sexual acts.

What is the federal color of law statute?

The color of law statute is 18 U.S.C. § 242. Under this federal law, it is a crime for a person who has power given to them by a government agency to abuse or deprive another individual of their rights. Therefore, a police officer who sexually assaults, uses excessive force, or falsely arrests another person has violated the color of law statute. If it is found that an officer, judge, security guard, correctional officer, or any other person who has some type of power has violated the color of law, they will be punished by imprisonment and fines.

Are there other pertinent laws to consider?

Another important law is 34 U.S. Code § 12601, which states that “It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”

Therefore, according to this law, police officers cannot engage in any conduct that deprives a person of their rights. This law also covers sexual assault, excessive force, discrimination, false arrests, unlawful searches, and arrests, and more. However, a “pattern” or recurring incidents must show the misconduct.

Understanding qualified immunity is also crucial. While it’s a common defense for government workers facing allegations of rights violations, it doesn’t render legal action impossible. Success against this defense hinges on demonstrating that a reasonable official would have known the defendant’s actions violated the plaintiff’s rights.

Holding law enforcement or government workers accountable for sexual assault crimes can be complex, necessitating the expertise of experienced attorneys. At Taylor & Ring, our team specializes in sexual assault and civil rights violation cases. We’re well-versed in state and federal laws and prepared to navigate any challenges, including defenses like qualified immunity. If you’ve been a victim of sexual assault by a law enforcement official, contact our Los Angeles office for a free consultation. Our Los Angeles sexual assault and civil rights violations lawyers will work endlessly to help you prove that the perpetrator acted under the color of law and violated your rights.

We know that police officers may try to claim qualified immunity, but our team has the resources and tools to quickly pivot and find ways around this type of defense. Please call our office or submit our contact form to discuss your case today.