Internal investigation

The more you know about this process, the more control you may have regarding your safety.

Discover the Facts

If your allegations are credible and serious enough, the chief may order an internal investigation.

The purpose of the internal investigation is to discover the facts of the case. The investigator may be highly skilled in drawing out information during the witness interviews. You must remain aware that whatever information you give the investigator will be available to your abuser or his attorney. The abuser has a legal right to know the allegations against him.

Keep your safety your highest priority. The investigator may be personally concerned for your well-being, but his/her job is to discover the facts of the case. Internal investigation will require statements from you and others. The abuser will have access to your statements. Your confidentiality is not guaranteed no matter what the investigator says.

It is your choice whether to cooperate with the internal investigation — unless you are also employed by the department.

If you are a member of law enforcement, we strongly suggest that you call us to discuss your options before taking specific steps. Unlike a civilian woman, as an officer you have no choice but to cooperate with the investigation, even if you have a change of heart. To refuse to cooperate could be grounds for discipline or dismissal.

Gather Information

Before you agree to an interview with internal affairs, you might want to ask:

Who besides you will be interviewed as part of the investigation?
What types of information do and do not remain confidential?
Will the investigating officers refrain from discussing the case within or outside the department?
How long will the investigation take?
What will the department do to protect you during the investigation?
Will you be kept informed about the progress of the investigation?
What will the department do to protect you after the investigation?

The process can take a very long time. The quality of the investigation will depend on the size of the department, the resources they have, and the professionalism of the administration.

Findings

The department's number one concern is their own liability.

If they feel that the abuser is a liability, they will support you and encourage you to cooperate with the investigation by telling them everything. If they do not feel that the abuser is a liability, they might make it very difficult for you to report what you know. They might attack your credibility and warn you of the consequences of falsely accusing an officer.

Internal Affairs (IA) will collect and analyze the facts of the case. Based on a "preponderance of the evidence" (more than a 50/50 chance that the incident did or did not occur), they will reach one of the following findings:

Sustained: IA has enough evidence to conclude that the incident occurred.
Not sustained: IA does not have enough evidence to prove or disprove the allegation. This does not mean that they do not believe it happened, only that they do not have enough evidence to sustain the complaint.
Unfounded: IA does not believe the incident occurred. This is the most difficult finding for victims to deal with.
Exonerated: IA agrees the incident occurred, but that the officer was justified in his actions.

Disciplinary Action

IA's role is to gather information, make a finding, present the facts to the chief, and make a recommendation on what, if any, disciplinary action should be taken. It is then up to the chief to make a decision.

There are a number of possible disciplinary actions. The chief can suspend the officer, demote the officer, order the officer into counseling or substance abuse treatment, or terminate the officer. If there is evidence that a crime was committed, the department can take it to the State's Attorney and pursue prosecution. If the department requests that the State file charges, it is likely that the State will do so.

Any one of these outcomes may put you at risk of retaliation by the abuser. You may need to implement your safety plan. For more information or to discuss your options before taking specific steps, contact Diane Wetendorf.