We cannot tolerate sexual misconduct

A few weeks ago a story hit the news about two plainclothes NYC police officers accused of raping a young female whom they had arrested on a minor narcotics charge. According to the complaint, the girl was with two male friends when stopped. The officers found an unknown number of loose Prozac and Klonopin pills in her purse. They arrested her and told the male companions to pick her up later at the precinct. Here’s where it gets bad. After loading the female up in the transport wagon, the woman says that the two officers sexually assaulted her in the wagon, enroute to the precinct. The officers denied the charge.

I’m fully aware that many complaints are wrongfully lodged against police officers every day. However, in this case, DNA from her sexual battery exam, and I presume the wagon, matches the officers. What came next is really troubling to me. You guessed it, just like virtually every defendant any one of us has ever arrested for rape, they now say the sex was consensual. They resigned from NYPD because they know sex on duty is a violation of NYPD policy. So, they eliminated their firing and are acting like every perp we’ve arrested for rape by claiming she wanted it. The cop in me says a handcuffed prisoner cannot consent. Full stop.71vaBBkMyuL._SY450_

But this New York case gets even worse. Now, there is an allegation by the victim that no less than nine other officers questioned and tried to intimidate her at the hospital the night of the incident. If your instinct is to defend the officers or say the woman and her mother are lying, remember hospitals have cameras and large staffs as potential witnesses. Maybe those other cops thought they were trying to help their fellow brothers in blue, but leaning on a sexual battery victim isn’t helping anyone. It’s only making the situation worse.

Let’s be real. If the woman had accused her two male companions of rape, and we found handcuffs and firearms in the car or on them, we would charge them appropriately with armed sexual battery, or forcible rape, or whatever your state’s language. We would say matching DNA made the case a slam dunk and congratulate ourselves on a job well done. We do it every day. The fact that the accused are cops doesn’t change the probable cause.

The victim’s story and DNA in this case make her complaint credible. The fact that the accused are two armed police officers makes this power dynamic even more disturbing. Their professional status makes this infinitely worse. Yes, they should be held to a higher standard. We should be angry when guys like this shame our profession, not twisting ourselves into pretzels trying to defend the indefensible. No, I don’t want to hear how they’re just a couple of bad apples, or about her personal history. None of that is relevant. The police officers were in a position of authority and power. With that authority comes a responsibility to behave professionally.

What’s crazy is that there is no law in New York that prohibits on-duty, armed, police officers from having sex on duty. The sadder truth is that there is no such law in most states. I served as a police officer in Florida, and I’m glad to say that on-duty sex–even consensual–is grounds for state revocation of police certification. The loss of police certification is the least the public should expect from those we entrust with public safety.

Right now, even in states like Florida, there is no mandatory reporting of sexual misconduct if no criminal charge is filed. There is currently no national database or reporting of officer misconduct. The decertification database is voluntary and woefully incomplete. This allows departments to ignore the practice as they see fit, and it doesn’t take a genius to figure out how that might empower guys like these former NYC detectives to prey on vulnerable women. We can no longer tolerate a systemic failure to deal with sexual misconduct on duty. Law enforcement needs a professional code of conduct and mandatory standards nationwide. Our profession requires public trust to succeed. A uniform morals conduct policy with real penalties and consequence like permanent revocation of police certification is a good place to start.

“No one is required to choose the profession of a police officer. But having chosen it, everyone is obligated to perform its duties and live up to the highest standards of its requirements.” –Calvin Coolidge

 

Angry Rants Aren’t Leadership

We are at a time of crisis in our country. Police and community relationships are strained as never before. Everyday I hold my breath when I open the morning edition of the news, bracing for a new headline of violence. Communities are mourning the loss of citizens and officers, and although we disagree on many underlying causes, one thing we can all agree on is that all responsible citizens want the violence to stop.

In the midst of all of the bloodshed and heartbreak our country has endured, especially in the past few weeks, fear has taken hold. Fear can be healthy when it pulls us together for the common good or fear can fuel divisions and morph into suspicion, blame and hate. Each new tragedy further shreds the fabric of trust and provides justification to entrench ourselves more deeply in opposing positions. Our feelings of helplessness and vulnerability lead us to search for answers in our faith and our leaders. But we must find the right leaders.

When I talk to my law enforcement friends, I hear the stress and fear because it feels as if the attacks are coming from all sides. The murder of police officers in Dallas and Baton Rouge was an attack on the fabric of society, and the outpouring of love and support nationwide certainly shows that average citizens are with you. Yes, even those who belong to protest organizations like black lives matter denounced violence against police officers unequivocally. In fact, those peaceful demonstrators had spent an entire afternoon amicably with the Dallas PD before a madman decided to act. Because evil will always try to divide us in the most heinous ways and our most vulnerable moments. That’s why we need leaders with a steady hand and temperament.

When we feel unappreciated and under siege, it is tempting to lash out, to give into our fears, but we must not become what we hate. Some law enforcement leaders seem to be pouring gasoline on the fire, taking every opportunity to antagonize and amp up officer’s understandable anger and frustration. Getting on the news or making national speeches filled with vitriol but no solutions only deepen the divisions and make your officers or deputies less safe. While it might be popular short term, perpetuating the Us v. Them mentality doesn’t help, because we all know that we need each other to survive.

We need leaders who call us to our highest selves, not those who feed our darkest and negative thoughts. We need leaders to unify, not further divide. We need leaders who understand that hate shuts down the heart and solutions only come when we are open to hearing another point of view. We need leaders willing to talk to activist leaders to find real solutions. 1468280264-23109-57841d6ac46188ef6d8b456a-450x250

Exceptional leaders have stepped forward in the past few weeks. Leaders of faith reached out following the Orlando massacre to acknowledge the role of religion in the demonizing of the LGBT community throughout history. They carried messages of love and non-judgment to start open dialogue about ways to bring LGBT people fully into the faith community, in order to stop the hate and violence. Dallas Police Chief David Brown, while acknowledging his anger and grief, also told us that his department will not abandon community policing or allow them to turn away from their outreach.

Louisiana Governor John Bel Edwards said this following the murder of three officers in Baton Rouge, “This is not what justice looks like…It’s not justice for anybody, and it’s certainly not constructive. It’s just pure, unadulterated evil. We’re gonna start our conversations here in Louisiana and around our communities, with community leaders, law enforcement, government officials and faith leaders, so we can find out together where we go from here. And there isn’t any one of us who can fix this, but all of us together, can and will fix this problem together. I don’t have all the answers and I know it won’t happen overnight. But I know we’re going to come out of this stronger.”

In our time of unprecedented volatility, law enforcement leaders must reaffirm the values we swore to uphold. We cannot shrink into a defensive crouch that silences all dialogue or spout dangerous rhetoric to sound as if we are at war with our communities—even our most crime-ridden communities. An eye for an eye only makes us all blind. Dangerous rhetoric will not help us to come out of this stronger.

We all want to be seen

A few days ago, I was chatting with a few law enforcement friends about the need for a positive message when debating sensitive subjects and it occurred to me that the larger debate on law enforcement and the community was certainly one of those areas fraught with emotion on both sides. I think that is important for everyone to remember this as these debates rage. Policing is under intense scrutiny and both sides have dug into deep trenches because, quite frankly, the stakes are huge—we’re literally talking about life and death issues all around. I realized that is precisely why a more positive and open-minded dialogue is so very necessary.

Since Ferguson, law enforcement has entered a defensive crouch. Videos continue to surface of alleged officer misconduct, exposing some egregious behavior that cops would rather not have displayed for the world to see. Some tapes have the opposite effect, showing the public the shocking realities of undeniably unprovoked attacks on officers just doing their jobs. What I love the most about this current climate is that increasingly, we are seeing outstanding videos of really excellent officers doing what they do every day: serve their communities with compassion and generosity.

The importance of celebrating those officers cannot be overstated. Somewhere during my career, law enforcement shifted into statistics mode. Numbers ruled and tallies of tickets and arrests became the only standard of measure for an officer’s worth. If the numbers weren’t high enough, the officer was branded a slacker and disciplined. The glaring problem with that approach is that it erodes both public confidence and the officer’s morale. Where a cop might have issued a warning on a traffic stop, he now feels the need to write numerous tickets to boost his numbers and stay on the good side of management. Good community work and problem solving doesn’t fit into that model. It takes time and results are often not quantifiable—at least on a stat sheet or pie chart. Citizens become potential statistics for the officer’s eval and officers become reduced to numbers in the statistical game of politics.

Now that we are struggling with perceptions about law enforcement, suddenly the merits of compassion in service are viewed favorably, rather than dismissed as “soft” like they were too often in days past. This is a good thing. We are human. I would argue our emotion and humanity are the traits that make the best cops. When we see the humanity in the citizens we serve and respond with compassion, we show the strength of humanity that is character. Let’s stop attacking and start seeing each other. No one person is all good or bad. Not cops, not citizens. In all of the noise and fighting, why not use this truth as a starting point for seeing one another? We might be surprised at how that one gesture opens a door for change.

Be safe.