A West Seneca police officer is being accused of having sex with a victim of domestic violence while on duty.

Derek Vasquez, 35, was arrested this week and charged with official misconduct.

The district attorney’s office says he had a sexual encounter with a woman while on duty this past January.

The DA’s office says, that while he was conducting an investigation into a domestic violence incident, involving the victim, he allegedly established a relationship with that victim.

District Attorney John Flynn says, the relationship was consensual.

“The allegation is that, while this officer was conducting an investigation, into a domestic violence incident, he established a relationship with the victim of that domestic violence incident, a consensual relationship, to be fair, but there is an allegation that on one occasion he presented himself, at her home while he was on duty, while he was in uniform, for the purpose of a sexual encounter and not to investigate a crime,” Flynn said.

Derek Vasquez is on administrative leave and is set to return to court January 24, 2020.

A no-contact order of protection has been issued on her behalf.