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GAO-24-106723 1 (2023-10-23)

handle is hein.gao/gaophs0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 October 23, 2023 The Honorable Dick Durbin Chairman 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 OFFICERS: Criminal Sexual Acts while Acting in Official Capacity The Consolidated Appropriations Act, 2022, enacted a provision of law 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 U.S. 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/or 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 1Pub. 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 '[flederal 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. 2The 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. 3The 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. GAO-24-106723 Page 1

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