ASSAULT AND ABUSE OF SEX
Sexual assault, or sexual abuse, is one of the most heinous types of police brutality.
If a police officer sexually abuses or violates a person in custody, legal action may be pursued.
Because the government currently lacks a framework for documenting these occurrences, the scope of the problem is difficult to assess. However, several independent research indicates that the problem is more pervasive than it looks. For example, according to this report, about 1000 police officers lost their licenses between 2009 and 2014 due to various incidences of police brutality involving sexual assaults.
It is critical to realize that if a person is in the custody of an officer, that suspect is legally incapable of consenting to any sexual interaction. Therefore, any sexual act with the suspect is considered a sexual assault at that point.
DENIED MEDICAL CARE
A person in police custody may require medical assistance in certain circumstances. Individuals have been denied medical care by police or other law enforcement officers in some situations. This is an example of police violence. The denial of medical care to a person in custody by law enforcement, in particular, may constitute a violation of the Eighth and Fourteenth Amendments.
What are my constitutional rights in the face of various forms of police brutality?
The Constitution provides numerous safeguards against police brutality and other law enforcement wrongdoing.
The Fourth Amendment protects a person from “unreasonable” search and seizure. In general, searches and seizures must be pre-approved by a judge. In the absence of an instant warrant, an officer may only search an individual or property (including a vehicle) if there is probable cause that a crime has been committed.
Fifth Amendment – The Fifth Amendment to the United States Constitution prohibits citizens from making self-incriminating comments. Anyone arrested must be read their “Miranda” rights, including the “right to stay quiet.” Other Fifth Amendment clauses require that people be granted “due process” under the law.
The Eighth Amendment protects citizens against “cruel and unusual punishment.” It forbids sanctions that are excessive concerning the offense. In other cases, the courts have construed the Eighth Amendment to protect those detained from the use of excessive force and other forms of police brutality. For example, an officer’s sexual assault on a suspect would violate the Eighth Amendment.
The Fourteenth Amendment ensures the right to due process in conjunction with the Fifth Amendment’s “Due Process” clause. According to the Fourteenth Amendment, no one shall be deprived of life, liberty, or property without due process of law. This has been construed to include protection from the sorts mentioned above of police violence.