TSA Sex Assault

The Transportation Security Administration (TSA) is a branch of the U.S. Department of Homeland Security. It is a government agency created in 2001 after the terrorist attacks on September 11, 2001, to prevent future security threats. TSA provides security for U.S. transportation systems, including around 440 airports across the country. As many as two million passengers pass through TSA airport security checkpoints every day, or more than eight million each year.

TSA screens passengers, baggage and inspects cargo for threats like explosives, weapons and other dangerous items. Everyone who wants to enter the secured area of an airport is required to go through TSA security screening. TSA’s screening process uses the following technology to locate threats and forbidden items:

• Advanced imaging technology (AIT)
• Digital identification
• Explosive trace detection
• Mobile driver’s licenses
• Walk-through metal detectors
• X-ray machines

If the screening technology shows a need for more screening, TSA agents can pat down passengers to see if they are carrying prohibited items. A pat-down can include examination of the arms, feet, head, legs, neck and torso. It can also include head coverings and the breasts, buttocks and groin areas.

TSA agents are allowed to physically touch a passenger’s body as part of their screening. But rules govern this practice, and agents must justify how they conduct any search. The abdomen, arms (shoulders to wrists), back, and legs (mid-thigh to ankle) are considered non-sensitive areas, while the crotch and upper chest (above and under a female’s breasts) are considered sensitive areas. Agents may use the front of their hands to feel non-sensitive areas and the back of their hands to pat down sensitive areas. However, using the front of the hand in a sensitive area may be necessary to determine if a threat exists.

Due to female passenger concerns, TSA agents can only feel between a female passenger’s breasts if a hand-held metal detector was set off there. Pat-downs are performed by agents of the same sex as the passenger. Individuals can request private screenings where a second officer of the same sex will be present. Clothing may need to be adjusted, and TSA can determine whether repeated pat-downs are necessary.

TSA pat-downs on passengers may be considered inappropriate if the agent:

• Is of the opposite gender to the passenger
• Fails to wear gloves
• Felt between a woman’s breasts even though the area did not set off a hand-held metal detector
• Touched sensitive areas with anything other than the back of their hand
• Excessively squeezed sensitive areas
• Demanded that a passenger display intimate or sensitive body parts
• Made humiliating or denigrating comments to or about the passenger
• Engaged in unacceptable or suggestive contact, practice or speech

If not done appropriately, TSA pat-downs can turn into offensive touching or injury and could be considered sexual assault. Allegations of improper pat-downs will be investigated. If a passenger believes they were searched inappropriately, they should file a claim for personal bodily harm during security screening with the TSA screening supervisor.

If an individual decides to pursue legal action after the claims process, they should contact an attorney who can advise them of their rights and legal options.

Where does TSA sexual assault occur?

TSA sexual assault may occur in a variety of settings, such as in a private room or to one side of the security check line. Also, TSA agents work in transportation network hubs other than airports. Hubs include highways, mass transit systems, freight and passenger railways, pipelines and seaports.

How common are sexual assaults by TSA agents?

It’s unclear how common these assaults are. Reporting on complaints with the TSA wasn’t reliable until 2022, when the system was streamlined for accuracy. In January 2022, 6,925 passenger complaints were made against TSA. That number more than doubled by February 2022, when 14,042 complaints were recorded. Since that time, complaints have stabilized, with 13,210 logged in April 2022 and 10,885 in July.

The TSA, an employee of the TSA or the U.S. government could be liable when a TSA agent assaults a traveler. For example, in 2023, the 9th U.S. Circuit Court of Appeals overturned a lower court ruling. They found that TSA agents function as “law enforcement officers” conducting “searches.” As such, they can be held liable if they assault passengers during security screening.

If you experienced injury or feel you have experienced inappropriate touching during a TSA security screening, you should reach out to a lawyer to discuss your potential claim.

Are flight attendants members of the TSA?

No, flight attendants are not members of the TSA. However, as airline employees, they must follow TSA screening rules. They can use expedited screening programs like the Known Crewmember (KCM) program to avoid the standard passenger security lines. But they can be randomly chosen for additional security checks because they are subject to TSA procedures.

Can I refuse a pat-down if I’m worried about TSA abuse?

Generally, you cannot refuse a pat-down during screening, even if you’re worried about TSA abuse. The only part of the security screening that you can opt out of is advanced imaging technology (AIT). If you refuse the AIT, you will receive a pat-down from a TSA agent. In that case, you can request a private screening and choose someone to be a witness.

The TSA conducts pat-down screenings to identify forbidden items, so agents are allowed to apply enough pressure to detect the items. Tell the TSA agent before the search begins if you have a medical condition or if areas of your body hurt when they are touched. You can also present a TSA Disability Notification Card to the agent. If you have emotional, medical or trauma-related concerns, you can ask TSA to provide a Passenger Support Specialist (PSS).

Motley Rice has a history of representing survivors in institutional sexual abuse cases, including high-profile litigation. Our attorneys have represented:

• Survivors of sexual abuse in the Boy Scouts of America. Attorneys help clients file claims and navigate the organization’s bankruptcy process
• Students abused by junior high and high school teachers. This includes recent lawsuits against educators accused of long-term misconduct
• Individuals seeking justice under newly enacted lookback window laws. These laws give survivors time to file claims previously barred by expired statutes of limitations
• Survivors filing claims against the Church of Jesus Christ of Latter-day Saints. Survivors allege abuse and cover-up by members of the Mormon Church.

Our firm has helped expose decades of abuse and hold powerful institutions accountable. Our team has experience working with complex litigation involving multiple defendants, institutional cover-up, and widespread patterns of abuse. We work closely with survivors to build strong claims grounded in compassion, legal strategy and a deep understanding of trauma.

Motley Rice attorneys who represent sexual abuse survivors use trauma-informed legal practices that prioritize the client relationship and protect the survivor’s mental and emotional health. We take a trauma-informed approach to every case, prioritizing survivor privacy and emotional well-being throughout the legal process. Every survivor’s story matters, and every case is handled with the care and discretion it deserves.

Read more about our sexual abuse litigation experience.