The crimes of sexual assault and domestic violence are drastically underreported. According to the Department of Justice (DOJ), Bureau of Justice Statistics report, Criminal Victimization, 2011, only 27 percent of sexual assaults were reported to law enforcement.¹ Victims may choose not to report these crimes for various reasons including, but not limited to, the fear of retaliation by the offender or third parties, a lack of understanding of the criminal justice system, a minimization of the incident either by the officer or the victim him- or herself, the apprehension about exposing personal and private details, or a feeling that the criminal justice system revictimizes them in its process.² Victim interactions with law enforcement can also have a significant impact on the decision to report crimes and participate in the criminal justice system. Research on sexual assault victims who reported the incident to officers found that 87 percent felt blamed for their assault after speaking with officers and 69 percent encountered officers who discouraged making a report.³

Eliminating Gender Bias

Law enforcement personnel are uniquely positioned to respond to the needs of sexual and domestic violence victims and support survivors—so they will be more likely to stay engaged in the process. However, gender bias either by an individual or by a system, might negatively impact the response to or investigation of, or both the response to and the investigation of, these complex cases. Gender bias can create unfair treatment of individuals based solely on their gender, perceived gender, or ingrained social stereotypes of an individual’s presented sex or gender. Identifying and implementing practices and procedures to eliminate gender bias in policing is essential to effectively addressing sexual assault, domestic violence, and stalking. A meaningful, comprehensive response to victims can have an immediate effect on the safety of individual victims as well as the entire community.

In 2015, the DOJ, Office on Violence Against Women (OVW) released a document designed to provide guidance to law enforcement agencies in their efforts to address and prevent gender bias in response to sexual assault and domestic violence. The document, Identifying and Preventing Gender Bias in Law Enforcement’s Response to Sexual Assault and Domestic Violence, focuses on the need for clear policies, comprehensive training, and responsive supervision protocols and accountability systems in order to effectively investigate these crimes and support victims. The guidance presents eight principles that law enforcement agencies should adopt to ensure that gender bias, intentional or unintentional, does not undermine efforts to keep victims safe and hold offenders accountable.

1. Recognize and address biases, assumptions, and stereotypes about victims.
2. Treat all victims with respect and employ interviewing tactics that encourage victims to participate in the criminal justice system.
3. Investigate all sexual assault or domestic violence complaints thoroughly and effectively.
4. Appropriately classify reports of sexual assault or domestic violence.
5. Refer victims to appropriate services
6. Properly identify the assailant in domestic violence incidents.
7. Hold agency members who commit sexual or domestic violence accountable.
8. Maintain, review, and act upon data regarding sexual assault and domestic violence.

In response to the OVW guidance, the IACP received funding to carry out two projects to address gender bias in response to domestic violence and sexual assault.

National Law Enforcement Demonstration Initiative on Identifying and Preventing Gender Bias—Through the National Law Enforcement Demonstration Initiative on Identifying and Preventing Gender Bias, supported by the DOJ, Office for Victims of Crime, IACP will provide dedicated resources, support, training, and technical assistance throughout the three-year project to up to six law enforcement agencies selected through an application process. In partnership with the National Crime Victims Law Institute, as well as subject matter experts, IACP staff will work with departments to raise awareness of the existence and impact of gender bias; identify aspects of agency culture that may create or sustain gender bias; develop a sustainable strategy to address and eliminate the impact of bias on the response to and the investigation of sexual and domestic violence and stalking; and implement trauma-informed, victim-centered procedures agency-wide. The strategies, tools, and models of success developed with these selected agencies can serve as a guide to identify and address the impact of gender bias on the overall department response to sexual assault, intimate partner violence, and all gender-based crimes.

National Technical Assistance Initiative to Prevent Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence—The goals of the National Technical Assistance Initiative to Prevent Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence, supported by DOJ, OVW, in collaboration with Futures Without Violence, are to develop a set of self-initiated tools and procedures by which agencies, together with community partners, can assess possible gender bias in agency response to sexual and domestic violence and develop a strategic plan to address identified deficiencies. IACP will provide training, technical assistance, and resources to identify agency strengths and weaknesses, to build capacity to increase understanding and skills, and to implement effective practices and policies. Tools and information to support this work will be available to all agencies and project staff, and subject matter experts will provide on-site training and support to a limited number of agencies.

Looking to the Future

The strategies and tools identified and developed through both projects will be made available to the field for replication and implementation to build capacity to effectively respond to crimes of sexual and domestic violence, hold offenders accountable, and create a victim-centered, trauma-informed response in all communities. These projects will build on the work of IACP’s Trauma Informed Sexual Assault Investigation Training, Police Response to Violence Against Women, and National Law Enforcement Leadership Initiative on Violence Against Women. Applications and details for applying to be a demonstration site and to receive training and support through these initiatives will be released soon. For further details about the IACP initiatives funded by OVC and OVW, please contact Michael Rizzo, IACP Project Manager, at rizzo@theiacp.org or 1-800-THE-IACP, extension 818. ♦

Notes:

¹Jennifer L. Truman and Michael Planty, Criminal Victimization, 2011, U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, October 2012, 8, http://www.bjs.gov/content/pub/pdf/cv11.pdf.
²Ibid., 9.
³Rebecca Campbell, “The Neurobiology of Sexual Assault” (presentation, National Institute of Justice’s Translational Criminology Seminar, Research for the Real World, December 3, 2012), slides 13–14, https://www.nij.gov/multimedia/presenter/presenter-campbell/pages/presenter-campbell-transcript.aspx.