Departments hold to different degrees of professional conduct. Some departments have strict rules of conduct, both on- and off-duty. Others do not.
You can help a victim identify which actions violate the law, violate departmental policy, misuse police power or equipment, or tarnish the department's public image rather than behaviors the department can dismiss as personal.
The victim needs to know that her conversations with the department will not be confidential. Once notified of officer misconduct, the chief or supervisor cannot keep the disclosure confidential. There will be an investigation which may increase her danger.
Involving the department is a serious step. The abuser will perceive it as a threat to his job.
He may develop a strategy to protect himself. He knows that the credibility of victims and witnesses is the most important element of a complaint. When the victim is the sole witness, it will be easy for the abuser to cast doubt by characterizing it as a "he said, she said" situation. He will campaign to discredit her credibility in the department, in her family, and in the community.
The batterer's status gives him credibility that influences other professionals in the community — prosecutors, judges and psychologists — who may have power over the victim's life.
Family and community members are also influenced by their perception that police officers are good judges of human character and human situations. If the victim has alcohol, drug, or mental health problems, she will be particularly vulnerable to his attempts to discredit her.
In many jurisdictions, the commanding officer's response is limited by the union contract. Officers have a right to due process, and the officer will have every opportunity to defend himself.
The administration and the victim may have very different ideas of what constitutes adequate discipline. The victim might feel that a five-day suspension seems exceedingly light punishment, while in the department it's considered harsh discipline.
Victims need to know that lawsuits against law enforcement agencies are very difficult, lengthy and expensive. What can seem to be a solid claim of failure to protect or denial of civil rights can be difficult to prove and exhaust her financial and emotional resources.
Filing a lawsuit can also put her in danger of retaliation by the department. The department may feel it is backed into a corner by a lawsuit. They may respond by shutting down further communication.
Threatening to sue should be a last resort that a woman considers with guidance from an attorney.
A better strategy is for her to make it clear that she doesn't want to put herself or anyone else through the expense or embarrassment of a lawsuit. She is simply asking the department to protect her and to enforce the law.
She might also consult with experts who are familiar with designing strategy for civil actions against police agencies. We can help her locate this expertise, via state and national battered women's and civil rights organizations. Don't hesitate to contact us if you want our assistance.
Some women may think media exposure will make them safer by holding the department publicly accountable. Others may be persuaded by reporters that they can "help the cause" by telling their stories.
Once she opens her life to media attention, there is no going back.
Media attention can be very perilous ground. Victims are not necessarily safer if they are in the public eye, particularly in cases involving police, public officials, or other high-profile abusers.
Advise victims to be cautious about what they disclose to a reporter. What gets into the story may be only the most sensational or bizarre aspects of her experience.
The abuser may decide to silence the victim through threats, intimidation, or violence. He may also work harder to discredit her and turn any initial public sympathy against her. Media attention can also be humiliating, stigmatizing, and frightening for children.
If she wants to use the media to tell her story, be sure to talk through the possible risks and benefits, never underestimate the danger, and have a safety plan in place.
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