U.S. lawmakers are facing a call for accountability after recent reports of sexual abuse that led two representatives to resign from their seats. Eric Swalwell, a Democrat from California, and Tony Gonzales, a Republican from Texas, stepped down from their positions on the same day in April. While the allegations against the men differ, there is one commonality: Both Swalwell and Gonzales are accused of acting inappropriately with staff members. Swalwell has denied multiple harassment and assault allegations, while Gonzales has admitted to an affair with an aide who later died by suicide. Both men faced possible expulsion by their colleagues. Women who work on Capitol Hill say the reckoning is long overdue, according to a report from PBS News. Some also say the effort is inadequate.
Sexual Misconduct Rules for Members of Congress
The U.S. House explicitly forbids members of Congress from sexual interactions with staff members, and they're required to undergo annual training on sexual misconduct and discrimination. Sexual harassment is strictly prohibited, and lawmakers must personally pay any financial penalties incurred because of inappropriate behavior. These measures were enacted in 2018 in response to the #MeToo movement, and they passed the House unanimously. The rules are intended as a deterrent, but the problem persists. Former Rep. Jackie Speier told PBS that Congress often looks the other way when it comes to sexual misconduct.
Last week, CNN published an investigation into sexual misconduct in Congress after interviewing over a dozen current and former staff members. The findings are troubling. Staffers reported multiple instances of improper behavior, including a lawmaker trying to kiss a young staffer and a member of Congress asking an employee about the color of her underwear. The stories were shared anonymously but have been independently confirmed by CNN through text messages, photos, and other evidence. The staffers didn’t speak publicly due to fear of retribution.
Barriers to Reporting Sexual Misconduct on Capitol Hill
Reporting misconduct on Capitol Hill is complicated, which some say is a significant obstacle. The offense can be reported to multiple offices depending on whether someone is seeking civil or disciplinary action, but sexual abuse survivors are sometimes required to reveal their identities when making a report. One staffer said she didn’t even consider reporting her boss’s behavior because she knew her name would be attached to the complaint. Workers fear what might happen to them if they seek justice. As a result, complaints go unreported, and culpable lawmakers aren’t held accountable.
Disclosing an assault to the House Ethics Committee is ostensibly a sensible decision, but the process can take years and isn’t guaranteed to end with the responsible representative being punished. Additionally, the panel has been denounced for failing to help staffers and instead protecting accused lawmakers, with one anonymous source telling CNN that the office is informally known as the member protection service. Only 18 percent of cases referred to the Ethics Committee proceed. There’s also the option of the Office of Congressional Workplace Rights. Still, staffers only have 180 days to file — a deadline that doesn’t account for the reality that survivors often wait to report sexual assault due to feelings of fear or shame.
Growing Calls for Accountability in Congress
The bipartisan push to release millions of documents related to Jeffrey Epstein is one sign that the tide could be turning. There was vocal support from lawmakers who are survivors of sexual abuse, and Democrats and Republicans backed the effort. The Epstein Files Transparency Act was passed last November. Several representatives have become outspoken about advocating for people who have lived through sexual assault, regardless of which side of the aisle they’re on. Reps. Swalwell and Gonzales knew their fellow congressmembers might vote to expel them and seemingly resigned to stay ahead of these efforts.
Still, staffers are afraid of retaliation, perhaps rightly so. A staffer who received more than $200,000 after alleging that U.S. Rep. Alcee Hastings harassed her was required to leave her job as a term of her settlement. She hasn’t found employment in the field in the twelve years since. The woman told CNN that she suffered significantly as a result of coming forward and that she no longer lives in the U.S. Another former employee who received a settlement said she filed her complaint after she’d already been let go from her job. If she hadn’t already lost her role, she said, she doesn’t know if she would’ve shared.
How Workplace Sexual Assault Can Affect Survivors
Sexual harassment and assault are traumatic regardless of the circumstance, but the stress is magnified when someone worries they’ll lose their source of income if they report the misconduct. Post-traumatic stress symptoms like anxiety, insomnia, and depression are common in survivors. The effects are often even more damaging after workplace sexual assaults. Being in the office can be a trigger, making it feel impossible to perform necessary tasks. In some situations, the perpetrator is in a position of power, and a survivor is forced to pretend everything is normal as they report to them after the abuse. Someone may walk away from a job because of the distress the situation causes, which can affect their future earning potential.
The effects can be devastating. In addition to legal and workplace concerns, survivors often face significant emotional challenges and may benefit from specialized self-care support resources designed for sexual assault survivors.
Working on Capitol Hill is extremely challenging. The jobs are extremely competitive, with openings few and far between, and landing a role often requires a mix of networking and luck. A staffer who’s worked their way up the career ladder will likely be apprehensive about anything that could derail their progress — a fact that a congressmember would almost certainly know. Lawmakers are aware of the pressure for survivors to stay silent, and some may use it to their advantage.
While the allegations involving members of Congress have drawn national attention, advocates note that power imbalances, fear of retaliation, and obstacles to reporting are common themes in many cases involving sexual abuse and other forms of sexual misconduct.
There are signs that things could be moving in the right direction. A bipartisan task force is developing a plan to overhaul the way Congress handles sexual misconduct complaints. If all goes as planned, this reform will protect survivors and hold representatives who break the rules liable for the harm they’ve caused.
