"DRIVING WHILE FEMALE":
A NATIONAL PROBLEM IN POLICE MISCONDUCT

Samuel Walker and Dawn Irlbeck
Department of Criminal Justice
University of Nebraska at Omaha
May 2002
A Special Report by the 
Police Professionalism Initiative
University of Nebraska at Omaha

The Authors would like to thank Lenora Lapidus, Director of the ACLU  Women's Rights Project, Loren Siegel, former Director of the ACLU Public  Education Department,  and Susan Martin, Ph.D., of Washington, DC for their assistance in  preparing this report.

I. THE STORIES

In April, 2002 a Virginia state trooper was indicted for soliciting sex  from female drivers in return for dropping traffic charges against them.  [1]

Just one week earlier a San Bernardino, California police officer was  charged with sexually assaulting or raping 11 women while on duty. [2]

Also in March, 2002 a suburban Philadelphia police officer was convicted of raping an intoxicated woman while on duty and in uniform. [3]

These and numerous other cases highlight a national problem of "driving  while female" where police officers use their authority, often in traffic  stops, to harass or assault women drivers, or to take advantage of women  who have been stopped for legitimate violations. The "driving while female" problem became apparent in early 2001 in a  series of cases on Long Island, New York. On New Year's Day 2001, a Suffolk County (NY) police officer stopped a female driver for an alleged 
traffic violation and instead of issuing her a traffic ticket forced her to strip and walk home wearing only her underpants. The report of this incident brought forth similar allegations of sexual abuse arising from traffic stops conducted by Long Island police by 13 women and one man. Several of the cases involved allegations that officers coerced sexual favors as the price of avoiding a traffic ticket.[4] The publicity also brought forward a spate of nearly identical allegations against officers with the neighboring Nassau County police department. Allegations of harassment of female drivers by Walkill (NY) police officers led to a suit by the Attorney General of New York and a consent 
decree requiring a sweeping reforms in the police department.[5] Reports of "driving while female" abuses are found in every part of the country, and the level of abuse runs the gamut from harassment to sexual assault and even murder: [6]

In 2000, a Houston, Tex., police officer was convicted and sentenced to 20 years in prison for the sexual assault of a female driver.  Also in 2000, a San Francisco police officer pleaded no contest to 
charges of fondling teenage girls during traffic stops.  In 1998, a Washington, DC, police officer was convicted of sexually assaulting a 14-year-old girl and an adult woman. A Milwaukee police officer was sentenced to eight years in prison in 1998 for sexually assaulting a female driver. In 1996, a Chicago police officer was sentenced to four years in prison for fondling women during traffic stops. 
A suburban Chicago police officer was convicted in 1996 for stalking several women between the years 1990 and 1994. And in perhaps the most grotesque case of all, Cara Knott was murdered 
in 1986 by a predatory California Highway Patrol officer who stopped her for a traffic violation.[7] 

These are not isolated incidents. A review of national print media from 1990 to 2001 revealed literally hundreds of allegations of "driving while female" abuses, and an average of over a dozen substantiated cases each year.[8]The estimate cited in this report is conservative in two ways. First, it only includes abuses that were substantiated by the criminal justice system (i.e., the officer was indicted,, found guilty, etc.). Second, it defines "cases" by the number of victims. Many officers were charged with several criminal counts associated with each victim. Additionally, there is good reason to believe that these cases represent only the tip of the iceberg. Many victims do not come forward because of humiliation and fear of reprisal. And some police departments do not accept and investigate complaints from many victims who do come forward.

II. THE PATTERNS

Several patterns emerge from these stories: First, there is a pattern of police officers using their traffic  enforcement powers to abuse women. [9] The problem of "driving while female" parallels the national problem of racial profiling or "driving while black" (DWB). Substantial evidence indicates that police officers stop African American drivers because of their race and not because of any 
evidence of illegal activity. In other parts of the country, police officers stop Hispanic/Latino drivers solely because of their ethnicity, a practice that has been labeled "driving while brown."[10] On Interstate 95 in Maryland, for example, white and African American drivers were independently observed to violate traffic laws at the same rate. Yet, 73 percent of the drivers stopped by Maryland State Troopers were African American. Moreover, of those drivers who were stopped, 80 percent were either African American or Hispanic. In the case of driving while black or brown, police officers engage in an illegal form of discrimination based on race or ethnicity. Racial and ethnic stereotypes about minority involvement in crime are part of anti-crime crackdowns, most notably in the war on drugs. In some driving while female cases innocent drivers are similarly stopped based on an 
immutable characteristic: gender. Just as they abuse their law enforcement power to stop drivers of color, police officers abuse their power to stop and harass women drivers. In other cases, the driver is guilty of an offense and the police officer takes advantage of her vulnerable legal status. An important difference between the DWB and DWF problems, however, is that officers engaged in racial profiling are usually acting in accord with department crime-fighting policies, while officers targeting female drivers represent the classic "rogue" officers who are violating the law 
and department policy. Second, a major part of the DWF problem is the failure of police  departments to investigate allegations that come to their attention. In a number of cases, supervisors disregarded citizen complaints filed by female victims. In one of the Nassau County cases, the female victim filed a formal complaint with the department in a timely fashion, but the department did not investigate it for almost nine months.[11] This aspect of the DWF problem is very similar to the DWB problem, where police departments do not take seriously and investigate allegations of 
discrimination on the basis of race or ethnicity and deny that their officers are doing anything wrong.
Similarly, "rogue" officers are able to continue their sexual predatory activity because the department looks the other way. An Indianapolis, Ind., officer who was finally caught in 1996 made 224 traffic stops in a four month period in 1995, with 199 of those stops (89 percent!) involving 
female drivers. [12] Third, as in the case of DWB, DWF abuses continue because police 
departments tolerate them by failing to maintain an open and accessible citizen complaint system.
Most people who feel they have been mistreated by a police officer –regardless of the circumstances– do not file a complaint. In part, this is due to a complaint process that is not user-friendly. Some complainants who do come forward, meanwhile, are actively discouraged from filing complaints. These problems are compounded in DWF cases because the victims 
feel particularly traumatized or humiliated. Fourth, DWF abuses continue because departments do not have policies and procedures that ensure close supervision and accountability of officers.
In many of the cases that have come to light, the officer had committed a number of offenses. The behavior of the Virginia state patrol officer was well-known to people in the department and around the local court-house. The abuses continued because the officer was not closely supervised and no 
one in the department acted on the information that was available. Fifth, DWF is often symptomatic of a pervasive sexist culture within a police department.[13] This sexist culture manifests itself in several ways:

(1) employment discrimination against women, including the failure to promote women to supervisory positions;[14]
(2) tolerance of sexual harassment within the department;[15]
(3) a systematic failure to investigate domestic violence incidents where the alleged perpetrator is an officer in the department;[16]
(4) inadequate policies regarding pregnancy and parental leave.[17]

III. THE REMEDIES

There are several remedies that can and should be taken immediately to curb DWF abuses. These are steps that law enforcement chief executives can take without requiring additional statutory authority.

Step One: Data Collection 
Law enforcement agencies need to begin collecting data to determine whether there is a pattern of DWF abuses by their officers. At present we don’t know exactly how extensive the DWF problem is. The anecdotal evidence, particularly the many cases of officers who have been convicted 
of some form of sexual abuse, suggests that the problem is serious and widespread. Fortunately, many police departments are already collecting traffic stop data to investigate possible racial profiling. Virtually all of the data collection instruments record the gender of the driver. Where the identity of the officer is also indicated, it is a very simple matter of analyzing the data to determine if certain officers are stopping a suspiciously high number of female drivers. In those departments where the identity of officers is not part of the data collection process it needs to be added. [18] 
Step Two: Official Policies and Training 
Every law enforcement agency should immediately issue a formal policy prohibiting "driving while female" abuse.[19] The policy should define DWF as the use of law enforcement powers for the purpose of stopping female drivers where there is no suspected criminal activity or traffic law 
violation, and also taking advantage of women drivers who have been stopped for legitimate violations. The policy should clearly state that any form of sexual harassment or assault of an individual, regardless of gender, is impermissible conduct that will result in termination 
proceedings. Every law enforcement agency should immediately incorporate the new "driving while female" policy into both pre-service and in-service training programs. Pre-service training or police academy training is provided to all new recruits. In-service training is provided to officers who are already on the force. The in-service training is especially important because experienced officers who may have engaged in some form of DWF in the past need to be instructed that such activity violates department policy.
Step Three: Better Supervision 
Law enforcement chief executives need to take immediate steps to ensure proper supervision of officers on the street. They need to ensure that supervisory officers are alert to the potential problem of DWF and take the necessary steps to curb it. Supervisors need to be advised that all allegations and rumors of possible DWF abuses are taken seriously and promptly investigated. In cases where 
alleged abuse is suspected but cannot be proven, supervisors should counsel strongly the suspected officer that any such abuse will not be tolerated by the department.  How should departments respond to allegations? The chief of the Homewood, Ill., police department adopted a vigilant policy, announcing in 1996: "We'll take anonymous complaints, third-hand complaints, we'll take anything."[20]The chief executive needs to make it clear that any attempt to cover up alleged abuse by a police officer is a serious violation of department rules.
Step Four: An Open and Accessible Citizen Complaint System 
Law enforcement chief executives should take immediate steps to ensure that the department’s citizen complaint system is open and accessible to all members of the community.[21] Where an independent citizen oversight agency does not exist, local communities need to create one that is open and accessible.[22]  The minimum conditions of an open and accessible citizen complaint system include: (1) publication and dissemination of materials explaining the complaint system; (2) publication and dissemination of such materials in all languages appropriate to the local community; multiple and convenient locations for filing complaints, including locations separate from police 
facilities; (3) procedures to ensure the proper receipt, classification, and investigation of all complaints; and (4) annual publication of complaint data.  Special steps need to be taken to make the complaint process comfortable for female citizens. If a complainant expresses a desire to discuss the incident with a female officer, the department should promptly make a female investigator available. Also, each department needs to have a process where female employees can 
bring complaints against other employees and be assured that the complaint will be taken seriously and investigated.
Step Five: Hire More Female Officers 
Studies have shown that male officers are much more likely to use excessive force and engage in misconduct than female officers. One solution to this problem is simply to hire more women. 
The Feminist Majority Foundation and The National Center for Women & Policing conducted a study on the costs of police misconduct and abuse in the Los Angeles police department as a result of civil liability lawsuits between 1990-1999.[23] The study only analyzed cases involving excessive 
force allegations, police officers involved in sexual assaults, and police officers involved in domestic violence incidents that had judgments or out-of-court settlements exceeding $100,000. Between 1990-1999, there were 80 such lawsuits, which cost a total of $67.8 million. Of the 80 lawsuits, 
the gender of the officers could be determined in 78, which cost a total of $66.3 million. The study found that female officers were involved in excessive force lawsuits at much lower rates than male officers. No cases of sexual assault or domestic violence listed a female officer as a defendant. Of 
the total $66.3 million in payouts, male officers were responsible for $63.4 million, or 95.8 percent. Female officers accounted for $2.8 million, or 4.2 percent. Sexual assault and domestic violence cases, involving only male officers, resulted in $10.4 million in judgments and settlements. The overall ratio of male to female officers and sergeants from 1990-1999 was 4:1. Male officers were also involved in or at the scene of an incident compared to women by a ratio of 9:1. Of the 27 female 
officers at the scene of an excessive force incident, only 15 were alleged to be "directly involved in the use of excessive force." The ratio of payouts for killings by male and female officers was 43:1, and the ratio of payouts for assault and battery was 32:1. "Moreover, not one female police officer was named in more than one lawsuit, while some male officers were defendants in more than one case, evidencing a pattern of use of excessive force among these male officers." The National Center for Women & Policing has recommended that departments hire more women not only to change from an aggressive style of policing to one that emphasizes communication, but also to stem the use of excessive force and misconduct. 

IV. CONCLUSION

DWF is a real problem -- spread nationwide – not just isolated incidents here and there. Police departments need to address it as such. Without proper training, supervision, and punishment of offending officers, the problem will continue; and without a commitment to protecting victims of 
DWF, police departments will force them to remain silent. Departments must implement complaint systems that allow victims to come forward, and they must take these complaints seriously.

APPENDIX

[1] Josh White, "Honored Trooper Charged in Bribery," Washington Post 
(April 3, 2002).
[2] Daren Briscoe, "Accused Officer is Called Devoted Father, Worker," Los 
Angeles Times (March 30, 2002).
[3] Mary Anne Janco, "Delco Jury Convicts Officer of Rape Charge," 
Philadelphia Inquirer (March 15, 2002).
[4] Michael Luo, "Officers May Face Federal Charges," Newsday (March 9, 
2001).
[5] Dean Esserman, Monitor, First Report of the Monitor (January 2002). 
New York v. Town of Wallkill (U.S. District Court, Southern District of 
New York (01-CIV-0364 (CM).
[6] "Betrayed by a Badge," Newsweek (June 18, 2001): 38-41.
[7] Joe Cantlupe and Lisa Petrillo, Badge of Betrayal: The Devastating 
Strue Story of a Rogue Cop Turned Murderer (New York: Avon Books, 1991).
[8] See appendix. An earlier study of this problem is Peter B. Kraska and 
Victor E. Kappeler, "To Serve and Pursue: Exploring Police Sexual Violence 
Against Women," Justice Quarterly, 12 
(March 1995): 85-111.
[9] Sexual abuse of individuals by police officers is not confined to 
female drivers. There are also a number of stories of officers entering 
private homes on the pretext of a search and then assaulting 
women who live there. In addition, there are a number of stories of male 
officers harassing or assaulting male drivers whom they have stopped for 
an alleged traffic violation.
[10] The best book on racial profiling is David Harris, Profiles in 
Injustice (New York: The New Press, 2001). [See ACLU, Driving While Black 
(New York: ACLU, 1999). [Available at http://www.aclu.org].
[11] Oscar Corral, "Failure to Go by the Book," Newsday (February 1, 
2001).
[12] R. Joseph Gelarden, "Ex-Police Officer Faces New Misconduct Charges," 
The Indianapolis Star (August 22, 1996).
[13] This is again similar to racist environments in many police 
departments that have records of DWB abuses. [See reports of suit by 
officers of color against NJ State Police, alleging racism and 
forced use of DWB practices.]
[14] National Center for Women & Policing, Equality Denied: The Status of 
Women in Policing (Los Angeles: NCWP, 1998). [Available at 
http://www.feminist.org].
[15] Susan Martin, On the Move: The Status of Women in Policing 
(Washington, DC: The Police Foundation, 1990), pp. 139-164.
[16] See the pioneering effort by Katherine Mader, then-Inspector General 
of the Los Angles Police Department: Inspector General, Domestic Violence 
in the Los Angeles Police Department: 
How Well Does the Los Angeles Police Department Police its Own? (Los 
Angeles: Office of the Inspector General, 1997).
[17] National Center for Women and Policing, Recruiting and Retaining 
Women: A Self-Assessment Guide for Law Enforcement (Los Angeles: NCWP, 
2000), Ch. 9., "Implementing Family-Friendly 
Policies," pp, 111-115.
[18] Samuel Walker, "Searching for the Denominator: Problems with Police 
Traffic Stop Data and an Early Warning System Solution," Justice Research 
and Policy, 3 (Spring 2001): 63-95. 
Deborah Ramirez, Jack McDevitt, and Amy Farrell, A Resource Guide on 
Racial Profiling Data Collection Systems: Promising Practices and Lessons 
Learned (Washington, DC: Government Printing Office, 2000). [Available at 
http://www.ncjrs.org].
[19] See the similar recommendations related to racial profiling in Police 
Executive Research Forum, Racially Biased Policing: A Principled Response 
(Washington, DC: Police Executive Research Forum, 
2001). [Available at http://www.policeforum.org].
[20] Pamela Cytrynbaum, "Police Sex Abuse Tears at Code of Silence," The 
Chicago Tribune (February 29, 1996).
[21] U.S. Department of Justice, Principles for Promoting Police Integrity 
(Washington, DC: Government Printing Office, 2001). [Available at 
http://www.ncjrs.org].
[22] Samuel Walker, Police Accountability: The Role of Citizen Oversight 
(Belmont, CA: Wadsworth, 2001). {See http://www.policeaccountability.org].
[23] National Center for Women & Policing, Gender Differences in the Cost 
of Police Brutality and Misconduct: A Content Analysis of LAPD Civil 
Liability Cases 1990-1999 (September 5, 2000) 
[Available at http://www.feminist.org].

Copyright 2002, Samuel Walker, UNO Police Accountability Initiative.
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