Sexual Misconduct in Congress: New Report Reveals Widespread Issues and Accountability Gaps
Earlier this month, Representatives Tony Gonzales, a Republican from Texas, and Eric Swalwell, a Democrat from California, resigned from the House of Representatives on the same day. Their departures followed separate allegations of sexual misconduct, ranging from sexual harassment to assault and rape. This incident highlights a broader pattern uncovered by new data from the National Women's Defense League, which shows just how pervasive sexual misconduct in Congress truly is—and how resignations are frequently used to evade accountability.
Comprehensive Findings on Congressional Misconduct
The National Women's Defense League, a national nonprofit organization dedicated to combating sexual misconduct in politics, released its first-ever comprehensive report on sexual misconduct in Congress on Tuesday. According to the report, over the last two decades, 49 members of Congress have been publicly accused of some form of sexual misconduct, both inside and outside the workplace, totaling 133 accusations. Among these, 30 members faced allegations of workplace sexual harassment, accounting for 53 accusations.
Sexual misconduct in Congress is a bipartisan issue. Among the accused congressional members, 60% are Republicans and 40% are Democrats, with nearly all being men. The NWDL also published its annual report on sexual misconduct in state-level politics. Since 2013, 162 state officials have been publicly accused of 424 incidents of sexual misconduct. The party breakdown at the state level mirrors the federal level, with 52% of accused lawmakers being Republican and 48% Democrat.
Underrepresentation of Actual Incidents
Emma Davidson Tribbs, the founding director of NWDL, emphasized during a press briefing that these numbers likely underrepresent the true extent of sexual misconduct. The report indicates that the number of sexual harassment accusations in Congress is probably three times higher than the data shows, as approximately 70% of individuals who experience workplace sexual harassment never report it. "Understand that what we're presenting are conservative public-facing counts. The reality is much worse," Davidson Tribbs stated. "These numbers understate the harm. They don't deny it."
Reelection Prospects and the Role of Resignations
Of the state and federal lawmakers publicly accused of sexual misconduct, 23 are running for reelection in 2026—13 at the state level and nine in Congress. According to NWDL, around 80% of accused lawmakers seeking reelection are likely to win. One key factor contributing to their success is the option to resign. For instance, former New York Governor Andrew Cuomo, a Democrat, resigned in 2021 after facing a dozen allegations of workplace sexual misconduct. Three years later, he mounted a relatively successful campaign for New York City mayor, though he ultimately lost to Zohran Mamdani.
"It is an ongoing problem that there's kind of a 'get out of jail free' card," Davidson Tribbs remarked, referring to lawmakers like Swalwell and Gonzales who resigned, thereby halting any congressional investigations into their alleged behaviors. She added that resignation allows some federal and state-level members to retain benefits such as pensions or lifetime floor privileges in their chambers. "You can resign with dignity, and then we stop a political tsunami. We don't have to keep talking about this, and we can move on to the politics of the day," Davidson Tribbs continued. "Resignation stops the immediate story, but it does not reform the system."
Systemic Barriers for Survivors
Once a politician resigns, survivors' only recourse is to turn to law enforcement or the court system—processes known to be lengthy, expensive, and fraught with accountability issues. Over 75% of workplace sexual misconduct allegations at the federal level involve legislative staffers who lack a safe space to report such incidents, according to NWDL. Current and former state legislators echoed this concern during the press call, noting that committees tasked with investigating workplace misconduct often consist of perpetrators or their allies.
"Staff are uniquely vulnerable in legislative spaces," said former Indiana State Senator Elise Shrock, a Democrat. "Proximity plus dependency equals risk and too often silence. And if we want legislatures or any level of government to function with integrity, we have to build systems that staff actually trust—not ones that exist on paper, but ones that hold accountability in practice day-to-day." Tennessee State Representative Aftyn Behn, a Democrat, described the reporting process as "incestuous" and "enmeshed," making it unsafe for victims to come forward. Behn added that staff experiencing harassment in the Tennessee legislature now report to her office because they distrust the current system's ability to hold perpetrators accountable.
Ethics Committee Response and Challenges
In a rare statement on Monday, the House Committee on Ethics—the federal panel responsible for investigating misconduct charges—defended its recent investigations into Swalwell and Gonzales. However, the committee, composed of an equal number of unidentified Democrats and Republicans, acknowledged shortcomings that could allow violations to go unaddressed. These include the fact that once a member resigns or retires, the incident falls outside the committee's jurisdiction. The panel also recognized that "likely exist matters never reported to the committee" because "the greatest hurdle the committee faces in evaluating allegations of sexual misconduct is in convincing the most vulnerable witnesses to share their stories."
The federal data in NWDL's report was compiled from public records, media sources, and official government documents, including the Office of Congressional Workplace Rights and the Office of Congressional Conduct. This comprehensive analysis sheds light on the urgent need for systemic reforms to address sexual misconduct and ensure accountability in political institutions.
