California cops can get away with sexual assault by quietly resigning. That’s got to end
When California police officers commit certain serious violations — including sexual assault — their departments are now required to release reports of the investigation, thanks to passage of a law that took effect last year.
A small step for public transparency, right?
Except there’s a loophole.
If an officer facing an accusation of sexual assault resigns his position before an investigation is complete, the police department is not required to release any information, and the officer is free to skip town and join a different agency, where the cycle can start all over again.
Now, there’s an opportunity to prevent that outrageous breach of public trust.
Assemblyman Jordan Cunningham, R-San Luis Obispo, has introduced a bill that would close the loophole and help prevent bad cops who are sexual abusers from moving from department to department.
Under Cunningham’s proposal, internal investigative reports of sexual assault allegations would be subject to release if an accused officer resigns before a department can determine whether the accusation is credible.
That’s fair. If an officer leaves a job instead of waiting for an investigation to run its course, it raises grave suspicions.
And if rumors of misconduct get around — which they generally do in such cases — that reflects horribly on all law enforcement.
Besides, wouldn’t a person who is falsely accused welcome an investigation, rather than slink away?
Cunningham’s proposal would apply under narrow circumstances, but it’s important nonetheless.
To quote the language in the bill, “The public has a strong, compelling interest in law enforcement transparency related to sexual misconduct involving a member of the public because it is essential to protecting against abuses of power by law enforcement personnel.”
Cunningham’s bill was inspired, in large part, by a San Luis Obispo County case.
Former Paso Robles Police Sgt. Christopher McGuire was accused of raping a woman he first met when responding to a call of suspected domestic abuse. Sexual contact between the two was confirmed when DNA testing found his sperm on the floor of the woman’s garage.
The San Luis Obispo County Sheriff’s Office investigated and recommended filing charges. However, the District Attorney’s Office concluded there was not sufficient evidence to prosecute, and in 2018, McGuire resigned before the Paso Police Department completed its internal investigation.
The Tribune and KSBY made multiple requests for the release of documents from both the county and Paso Robles police, but were denied.
Fortunately, Tribune reporter Matt Fountain obtained a leaked copy of a report written by the sheriff’s investigator.
In addition to the rape accusation, McGuire was investigated for having consensual sex with an additional woman while on duty — sometimes in his police car. He also was accused of coercing yet another woman into exposing her breasts by threatening her with arrest.
Again, none of this would have seen the light of day if not for Fountain’s reporting — and McGuire could have moved on to another job in law enforcement.
That cannot keep happening.
Cunningham’s bill, AB 1559, deserves overwhelming support in the state Legislature.
There is no excuse for allowing predatory cops to transfer from department to department. Lawmakers should support every effort that will prevent that.
This story was originally published January 8, 2020 at 5:00 AM.
