Instituting gender-sensitive use of force guidelines

It is important that police officers receive clear mandates that prohibit excessive force that might violate an individual’s gender integrity. Force should not be used on pregnant women and children. Victims of police sexual harassment and abuse should be able to report incidents of officer misconduct to an independent body that will take serious actions against officers who prey on vulnerable communities. Law enforcement officers should be trained to adopt practices that reduce gender bias and prohibit the use of force on women are pregnant.

Local and state legislatures should pass legislation that:

• Creates heightened accountability for police officers who abuse their authority to engage in sexual harassment and sexual assault;
• Requires police officers to respect various genders, sexualities, and gender identities during all police interactions, including searches and placements in police custody;
• Modernizes legislation that currently criminalizes HIV status;
• Creates an independent body that reviews police’s compliance with the principles of the Department of Justice
• Guidance on Preventing Gender Bias in Law Enforcement and allows for community complaints concerning police officers who have engaged in gender-insensitive policing approaches; and
• Prohibits the use of force, including chokeholds, Tasers, and/or other form of physical force on pregnant women or children4 in favor of de-escalation.

Local law enforcement agencies, chiefs of police, and police administrators should:

• Create heightened accountability for police officers who abuse their authority to engage in sexual harassment and sexual assault; and
• Ensure police officers and police management are thoroughly trained on the implementation of the Department of Justice Guidance on Preventing Gender Bias in Law Enforcement.