By Todd Duncan, Law Enforcement and Safety Specialist
Employee sexual misconduct is a high-risk area for law enforcement and corrections agencies. Sexual misconduct takes many forms, including workplace sexual harassment and sexual abuse of those in custody. Some of the costliest claims in the NIRMA pool have resulted from sexual misconduct. The focus of this month’s Safety Short will be sexual abuse of persons in law enforcement or jail custody.
Key Legal Definitions
- Sexual Contact: Intentional touching of intimate parts or clothing covering intimate parts for sexual gratification.
- Sexual Penetration: Any intrusion, however slight, of any part of the body or object into the genital or anal openings.
- Inmate or parolee means any individual confined in a facility operated by the Department of Correctional Services or a city or county correctional or jail facility or under parole supervision.
Overview
Nebraska law strictly prohibits any sexual contact or penetration between law enforcement or correctional personnel and individuals in custody as a criminal offense. Two statutes govern this area:
- NRS 28-322.05 – Sexual Abuse of a Detainee
- NRS 28-322.05 applies primarily to law enforcement officers (e.g., patrol officers) and makes it unlawful to have sexual contact or penetration with a person in temporary custody, such as during transport or field detainment.
- NRS 28-322.01 – Sexual Abuse of an Inmate or Parolee
- NRS 28-322.01 applies primarily to jail personnel and makes it unlawful to have sexual contact or penetration with an inmate, parolee, or individual confined in a jail or similar facility.
It is critical that employees understand that consent is NOT a defense.
Under Nebraska law, detainees and inmates cannot legally consent to sexual contact or penetration with law enforcement or corrections personnel—regardless of perceived willingness, initiation, or relationship status. Violations of either statute are classified as felonies, and offenders are subject to termination, decertification, and criminal prosecution.
Risk Reduction Strategies
- Hiring & Screening
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- Conduct thorough background checks.
- Screen for prior misconduct or red flags.
- Clear Policies
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- Establish and enforce zero-tolerance policies for sexual misconduct.
- Include reporting procedures for inmates and employees as well as disciplinary actions.
- Model law enforcement and jail policies are available through NIRMA.
- Training & Awareness
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- Regularly train staff on boundaries, ethics, and applicable laws.
- Reinforce that detainees/inmates cannot consent under any circumstance.
- Supervision & Monitoring
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- Ensure that female employees provide around-the-clock supervision of all female inmates (Jail Standards 2-004.02A).
- Prohibit male employees from entering female housing areas unless accompanied by a female employee.
- Use cameras and logs to monitor interactions. This is an opportunity to reward and reinforce good performance while also addressing potential performance issues.
- Ensure staff are never alone with detainees/inmates in private settings.
- Prompt Reporting
- Encourage immediate reporting of any suspected misconduct.
- Protect whistleblowers and ensure transparency in investigations.
Conclusion
The integrity of law enforcement and corrections work depends on trust, discipline, and strict adherence to legal and ethical standards. Violations of NRS 28-322.05 and NRS 28-322.01 are grave breaches of that trust. Remember: There is no such thing as consensual sex with a detainee or inmate under Nebraska law.
Stay professional. Stay accountable. Protect the badge.
For questions or more information on training opportunities, contact NIRMA’s Law Enforcement and Safety Specialist Todd Duncan at (402) 742-9220 or tduncan@nirma.info.
