Page 1 GAO-25-107684 | Criminal Sexual Acts by Federal Law Enforcement Officers
441 G St. N.W.
Washington, DC 20548
October 21, 2024
The Honorable Richard J. Durbin
Chair
The Honorable Lindsey Graham
Ranking Member
Committee on the Judiciary
United States Senate
The Honorable Jim Jordan
Chairman
The Honorable Jerrold Nadler
Ranking Member
Committee on the Judiciary
House of Representatives
FEDERAL LAW ENFORCEMENT: Criminal Sexual Acts while Serving in Official Capacity
(2024 Update)
The Consolidated Appropriations Act, 2022, contained a provision making it unlawful for
someone, while acting in their capacity as a federal law enforcement officer, to knowingly
engage in a sexual act with an individual who is under arrest, under supervision, in detention, or
in federal custody.
1
According to an official from the Department of Justice (DOJ), consent is not
a defense to a violation of 18 U.S.C. § 2243(c) and therefore federal law enforcement officers
are automatically liable if they engage in the prohibited conduct. Generally, DOJ’s Civil Rights
Division and the 94 U.S. Attorneys’ Offices throughout the country prosecute sexual offenses
committed by federal law enforcement officers.
2
DOJ’s Executive Office for United States
Attorneys (EOUSA) provides executive and administrative support for U.S. Attorneys and
maintains data on federal prosecutions in its case management information system.
3
The Consolidated Appropriations Act, 2022, includes a provision for us to report on violations of
18 U.S.C. § 2243(c) committed between October 1, 2022, and September 30, 2023, and then to
1
Pub. L. No. 117-103, § 1202, 136 Stat. 49, 923-25 (codified as amended at 18 U.S.C. § 2243(c)). Under
18 U.S.C. § 2246 (which references 18 U.S.C. § 115), a “‘[f]ederal law enforcement officer’ means any officer, agent,
or employee of the United States authorized by law or by a Government agency to engage in or supervise the
prevention, detection, investigation, or prosecution of any violation of Federal criminal law.”
2
The President appoints a U.S. Attorney to each of the 94 federal districts. There are 93 U.S. Attorneys (Guam and
the Northern Mariana Islands are separate districts but share a U.S. Attorney). The U.S. Attorney is the chief federal
law enforcement officer in each district.
3
The Civil Rights Division also has a case management system. However, according to Division officials, cases
pursuant to 18 U.S.C. § 2243 would be prosecuted in conjunction with a U.S. Attorney’s office.
