OP ED: Is it a crime to rape a prisoner?
We’ve come a long way in seeking justice for all victims of sexual violence and abuse. The year 2014 is the silver lining for victims of Child/sexual Abuse, Anti-Human Trafficking Laws and now — Gov. Lolo Moliga’s support of the Federal ‘Prison Rape Elimination Act’ (PREA).
Sexual violence/abuse while in custody and under the protection of the Juvenile officers is no secret. (SN-article-10/31/09) In 2005, two police officers were arrested and charged, with 21 counts of rape, one count each of sodomy and furnishing porno materials to a juvenile detained under their custody.
Unfortunately the case lay dormant too long. The AG never bothered to bring the victim back from Savai’i, and the case was dismissed. ASG called it, a ‘lack of funding’. A history of this type of behavior against juveniles goes further back still.
The wonder is, policies & procedures to protect our detained children are still in the works.
Due to the lack of policies and procedures, juveniles were not only being abused or sexually victimized by some officers, but also among inmates themselves, who preyed upon weaker cell mates.
Several weeks ago it was reported that a female police officer allegedly assaulted a young female in custody. The officer had quietly apologized to the youngster’s parents — who then decided not to press charges. Meanwhile the juvenile’s social worker from DHSS had noticed and commented on the juveniles facial bruises but failed to report the observation. The entire government system, including some parents, are failing these incarcerated children.
TCF has had a long history of inmates being brutally assaulted on their grounds, and this includes stabbings and knifings. Many inmates were given access by culpable TCF officers, into other inmates cells. Inmates have been assaulted resulting in hospitalization, and many were unreported until hospitalized as a result of the assaults.
What makes us think there are no rapes or sexual violence going on in TCF? After all, it’s all about power and control. Only the powerful survive behind bars.
If ASG was ever interested in what goes on in TCF, I’m pretty sure data such as the multiple victimizations, fatalities and sexual violence would have surfaced and been extremely high. Inmates are easy victims of silence and extortion.
With the implementation of the PREA standards, confined youth and adults can have safer and better living conditions. Providing enforcement and accountability is applied. Finally, provisions for sex offenders to go through psychiatric or mental evaluations will be part of their incarceration or sentencing. There is a need for rehabilitation.
Being raped or sexually violated — whether it occurs in the home, school, churches, or as an inmate in TCF — is RAPE. Contrary to the code of silence that governs the inmates... It is still a criminal violation.
No matter how we spin this situation, there is a need for the’ Sex Offenders Registration Notification Act’,(SORNA) to identify ALL sex offenders. Raping a community member is no different than when a prisoner jailed for stealing, rapes another inmate. He is still a sex offender or a rapist.
Sexual violence is becoming more prevalent. I believe it would be to the community’s advantage to know who their neighbor is, who they open their doors too, or who their taxi or bus driver is. PREA is designed to protect, educate and train those who are incarcerated, and their facility staff. SORNA is to protect ALL.
But who provides professional rehabilitation and counseling for the child victims of sexual violence and abuse… outside of TCF? While the offenders are getting treatment, what of the children?
