Under Federal and State Law, Incarcerated People Cannot Legally Consent to Sex With Prison Guards
Los Angeles Office of Slater Slater Schulman LLP Represents the Largest Number of Prison Abuse Survivors in California, With Approximately 430 State and 90 Federal Prison Clients
SACRAMENTO, Calif., Sept. 27, 2023 /PRNewswire/ — The State of California (“The State”) is being named in a civil action filed this week alleging that at least 29 individuals were sexually assaulted by the same correctional officer – Israel Trevino, Jr. – at the Central California Women’s Facility in Chowchilla (“Chowchilla“) while in the custody of the California Department of Corrections and Rehabilitation. The lawsuit was filed in the Superior Court of California, County of Sacramento, by attorneys at Slater Slater Schulman LLP, a national law firm focused on representing survivors of catastrophic and traumatic events. Slater Slater Schulman attorneys currently represent more than 400 sexual abuse and assault survivors who were formerly incarcerated at Chowchilla, 20 survivors who were incarcerated at the California Institution for Women in Chino, and 10 women survivors who were incarcerated at Valley State Prison. These cases are being brought in a Judicial Council Coordinated Proceeding No. 5276 in Sacramento County.
Separately, the United States of America Federal Bureau of Prisons (“BOP”) and State of California are being named in a series of civil actions collectively alleging that inmates were sexually assaulted while in the custody of the BOP while housed at the Federal Correctional Institution Dublin (“FCI Dublin”). To date, 10 complaints have been filed by Slater Slater Schulman LLP under the Prison Rape Elimination Act, which was enacted in 2003 to establish national standards for preventing and responding to sexual abuse of federal inmates. In total, at least 20 different perpetrators have been identified by at least 92 former female detainees at FCI Dublin who are represented by Slater Slater Schulman LLP.
“People who are incarcerated cannot legally consent to sex,” said Adam Slater, Founding and Managing Partner of Slater Slater Schulman LLP. “That’s because the detainee-guard relationship is one of the most severe power imbalances that exists today. Incarcerated people are dependent upon correctional staff for everything – their safety, privileges, quality of life, contact with the outside world, and even their eventual liberty. Risking everything, these brave women have stepped forward to share their harrowing experiences while in the custody of notorious state and federal prisons. No individual, irrespective of their status or circumstances, should ever endure such trauma, especially within the walls of an institution that should ensure their safety and prioritize their rehabilitation.”
As detailed in the Chowchilla complaint, the State of California failed to prevent a disturbing pattern of abuse and neglect against women detainees by Israel Trevino, Jr., a longtime correctional officer. Trevino, who died in 2021, used his position to gain access to at least 29 plaintiffs and many others, and sexually abused and assaulted them in numerous ways. In instances detailed in the complaint, Trevino would even threaten to extend a victim’s period of incarceration if they reported the abuse. The survivors’ accounts taken together suggest a deeply rooted culture of exploitation and abuse of power, emphasizing the need for urgent reforms to protect inmates’ rights and well-being.
In 2005, California’s State Assembly passed AB 550, known as the “Sexual Abuse in Detention Elimination Act.” The bill’s purpose is to protect all inmates and wards from sexual abuse while held in institutions operated by the CA Departments of Corrections and Youth Authority, to make the prevention of sexual abuse in detention a top priority in all state detention institutions, and to ensure that the Departments of Corrections and Youth Authority develop and implement protocols and procedures designed to effectively respond to sexual abuse in detention while protecting the safety of victims.
Separately, the BOP lawsuits identify FCI Dublin, a low-security federal correctional institution for women, as a place of rampant sexual abuse. The sexual assaults detailed in the complaints occurred on numerous occasions between approximately 2019 and 2022. As detailed in the complaints, the fact that the United States Federal Bureau of Prisons failed to respond to an environment of rampant and unchecked sexual assault and harassment of incarcerated women by correctional staff has been recognized and documented throughout state and federal corrections systems.
U.S. Congress enacted the Prison Rape Elimination Act (“PREA”) in 2003, to establish national standards for preventing sexual abuse of federal inmates and responding to sexual abuse of federal inmates. The United States Department of Justice finalized these mandated standards in May 2021. PREA requires the BOP to have a strict “written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment outlining approach to preventing, detecting, and responding to such conduct,” which the BOP has adopted. PREA, adopted by DOJ and binding on BOP, require periodic PREA audits of all federal correctional facilities to ensure compliance.
In December, the U.S. Senate Permanent Subcommittee on Investigations, Committee on Homeland Security and Government Affairs, released a detailed report entitled “Sexual Abuse of Female Inmates in Federal Prisons.” The report concluded that between 2012 and 2022, there were 5,415 cases of reported inmate sexual abuse by BOP employees, 586 of which were substantiated. The report found that FCI Dublin failed to detect the culture of BOP employees sexually abusing female detainees at those facilities before, during, and after abuse occurred. The Senate subcommittee also found that BOP does not systematically analyze complaint data to detect potentially problematic employees or institutions.
Survivors of sexual abuse need to understand that the sexual abuse was not their fault. Many survivors are forced to live with a lifetime of shame, embarrassment, and severe emotional distress and mental pain and suffering. Help is available.
NOTE: Individuals seeking to be linked to resources for sexual assault survivors can call 800.656.HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area. The National Sexual Assault Hotline operated by RAINN (Rape, Abuse & Incest National Network) provides confidential support from trained staff members and can assist with finding local healthcare resources, help talk through what happened, and offer referrals for long-term support.
About Slater Slater Schulman LLP
Slater Slater Schulman LLP is a leading, full-service law firm with decades of experience representing survivors of traumatic and catastrophic events. Our dedicated attorneys are committed to ensuring the best results for our clients through persistence and compassionate representation. With 10 offices in 9 states, Slater Slater Schulman has achieved successful resolutions in some of the most challenging cases in the nation. We have considerable experience with complex, historical sexual abuse cases involving massive institutions, including academic, religious, and youth organizations. Our firm also represents clients in litigation involving pharmaceutical drugs, product liability, environmental law, employment and labor law, medical malpractice, and personal injury, and has proudly represented thousands of World Trade Center survivors. Learn more at sssfirm.com.
Media Contact:
Joan Vollero & Michael Milazzo / ICR, inc.
[email protected]
SOURCE Slater Slater Schulman LLP
This post was originally published on this site be sure to check out more of their content.
