Female Probation Officer Sexually Abuses Men

This case involves multiple men who were sexually assaulted by their probation officer. This officer ran a wellness program for males who had convictions relating to minor criminal offenses. They were put into the wellness program instead of being incarcerated in order to have their records cleared. The probation officer, a female, forced the males to have sexual relations by threatening them with increased time in jail or other penal institutions, and used their previous criminal backgrounds to discourage them. The state claimed immunity, even though the officer was their employee, had to undergo regular polygraph re-certifications to maintain her position, and had been the subject of previous reports of misconduct. Specifically, the officer had been given the authority to call these men into her office for meetings, at any time, with no oversight into her actions.

Question(s) For Expert Witness

1. Do you have experience in dealing with state government immunity / vicarious liability?

2. Are you familiar with the policies and procedures for this type of wellness program?

3. Should there have been some type of monitoring of this probation officer?

4. Should previous allegations have been taken more seriously and should there have been some type of investigation into this officer's conduct?

Expert Witness Response E-005998

I worked for the department of Health and Human Services for a long time and I am surprised that the state is claiming they have no culpability in this matter. In cases like this one, there is usually some degree of vicarious liability. The woman running the program should have been overseen and allegations of sexual abuse certainly should have been taken more seriously.