DOJ Addresses Law Enforcement Response to Assault, Domestic Violence

The Department of Justice has issued guidance for law enforcement to improve their responses to gender-based violence. The guidance clarifies what constitutes gender-based violence, outlines existing bias that undermine proper investigations, and provides basic principles to be incorporated into law enforcement trainings improve responses to gender-based violence for both supporting victims and holding offenders accountable.

The guidance clarifies what constitutes gender-based violence, outlines existing bias that undermine proper investigations, and provides basic principles to be incorporated into law enforcement trainings improve responses to gender-based violence for both supporting victims and holding offenders accountable.

The guidance also explains that, historically, gender bias within the justice system thwarted investigations–causing further harm to victims and preventing offenders from being properly held accountable. According to psychological research cited in the guidance, stereotypes about gender roles, people or communities based on race, gender-based violence, and particular crime victims are among the forms of explicit and implicit bias that can negatively impact investigations.

Even if an officer themselves does not harbor these biases, the guidance explains that understanding the prevalence of these biases in society will improve how law enforcement officers respond and may be able to prevent to gender-based violence.

The guidance provides a list of key resources from agencies and law enforcement partners for handling gender-based violence, including the Department of Justice’s 2017 guide on Best Practices for Sexual Assault Kits.

Overall, the guidance contains eight principles for law enforcement agencies to integrate into their training and policies:

  1. Recognize and Address Biases, Assumptions, and Stereotypes about Victims

  2. Treat All Victims with Respect

  3. Ensure that Policies, Training, Supervision, and Resource Allocation Support Thorough and Effective Investigations

  4. Appropriately Classify Reports of Sexual Assault or Domestic Violence

  5. Refer Victims to Appropriate Services

  6. Properly Identify the Predominant Aggressor in Domestic Violence Incidents

  7. Implement Policies to Prevent Officer-perpetrated Sexual Assault and Domestic Violence and Hold Officers Who Commit These Offenses Accountable

  8. Maintain, Review, and Act Upon Data Regarding Sexual Assault and Domestic Violence

Each principle contains examples of best practices and bad practices as well as additional resources for agencies.

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