Sexual Assault

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PREA Rule: DOJ Takes First Steps to Protect Prison Rape Victims

By Amy Fettig, ACLU National Prison Project at 12:05pm

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

New Federal Standards Offer Unprecedented Protections to LGBTI Prisoners

By Leslie Cooper, LGBT Project at 2:25pm

Yesterday the Department of Justice (DOJ) released the long-awaited National Standards to Prevent, Detect, and Respond to Prison Rape. These standards – the first of their kind—create an historic opportunity to put an end to the epidemic of sexual abuse in prison, which disproportionately affects prisoners who are lesbian, gay, bisexual, transgender or have intersex conditions (LGBTI).

Standing Up Against Sexual Assault By the State

By Mie Lewis, Women's Rights Project at 11:05am

After meeting with visitors, prisoners in a Michigan prison are forced to remove all of their clothing and spread open their vaginal lips as a guard peers into their vaginal cavities.

Silent No More: A Rape Survivor Speaks Out About “Legitimate Rape”

By Rachel Marshall, Washington Legislative Office at 12:55pm

Hi, my name is Rachel and I’m a rape victim. This is not typically how I would introduce myself, but with the current national discourse, I can’t stand by silently anymore. You see, before my freshman year of college I was at a party where I made the mistake of leaving my drink unattended. Just an hour later, I remember stumbling into a bedroom and passing out. The next thing I knew, I was waking up with a man on top of me with several other men in the room. I was instantly paralyzed in shock and fear, but I was able to stop the next man. I think it took a full 24 hours for what had happened to me to set in: I had been raped.

Say No to For-Profit Prisons

By David Shapiro, ACLU National Prison Project at 9:50am

Earlier this year, Corrections Corporation of America (CCA), the largest for-profit incarceration company in America, sent a letter to officials in 48 states offering to buy state prisons and run them for a profit. We're still waiting to hear what most states will do with the offer.

Sure, at first blush, an injection of CCA money into government coffers might seem attractive to cash-strapped states. But here's the rub: states would be paying CCA for this short-term cash infusion with the liberties and freedoms of their citizens. For the corporation to buy a prison, a state would have to agree to keep it 90 percent full and CCA-operated for at least 20 years.

Note to Military: Sexual Assault Includes Rape

By Sandra S. Park, ACLU Women's Rights Project at 5:59pm

The government has turned a blind eye to these crimes has allowed them to continue, imperiling the lives of victims and degrading their service.

Bullying Goes Beyond the Fist

December 6th, 2010, was a day in my life I will never understand, and probably never come to grips with. I thought that a school was the safest place to be — it turned out that I was never more wrong in my life. You see, that was the day I was raped at school and the day I went to a teacher for protection. I thought I would be taken care of. At age 17 you are not fully an adult. You rely on others who are adults to help you. This did not happen to me. I was told to "confront my attacker." My world began to spin. The bullying went beyond the fist. It went through the skin and bones to my very soul, and now I had no help at all. How was I going to tell my parents about this? What was going to happen to my world? In fact, the teacher I had told saw my parents that night and never said a word. Eventually my family and I turned to the police, but if it was not for a friend of mine I confided in nothing would have ever happened, and I wouldn't be sharing this with you or trying to pull others up through the hell they have been through.

ACLU Releases New Report on Widespread Police Brutality in Puerto Rico

By Ateqah Khaki at 10:18am

The ACLU today released a report that finds the Puerto Rico Police Department -- the second-largest police department in the U.S. -- is plagued by a culture of unrestrained abuse and brutality. The use of excessive or lethal force is routine among the 17,000 officer-department. In recent years, civil and human rights violations have resulted in the unjustifiable loss of civilians’ lives, and severe and lasting injuries.

Justice Department Takes First Steps to Protect Kids from Rape

By Amy Fettig, ACLU National Prison Project at 11:41am

In 2003, Congress took an important first step in addressing a national tragedy: epidemic levels of rape and sexual abuse in our nation’s prisons, jails and youth detention centers. The Prison Rape Elimination Act (PREA), passed unanimously in Congress and signed into law by President George W. Bush, called for the development of binding national standards for the prevention, detection, response and monitoring of sexual violence behind bars. After nine years, these standards were finally released by the U.S. Department of Justice earlier this month. They represent the first national effort to hold correctional facilities accountable for abuse while at the same time instituting policies and procedures that will help prevent abuse in the first place.

One Year Longer? Why Won’t DHS Protect Its Detainees under the Prison Rape Elimination Act Right Now?

By Chris Rickerd, ACLU Washington Legislative Office at 1:18pm

The Prison Rape Elimination Act was passed by a unanimous Congress in 2003, with regulations due by June 2010. It was clearly intended to cover all detainees, civil and criminal. Two years later, the Obama administration at last released the final implementing rules for PREA. Commendably, the Department of Justice reversed its prior position that PREA doesn’t cover all immigration detainees. Yet the Department of Homeland Security – despite an abysmal track record of preventing and investigating sexual abuse and assault in its facilities, which was recently exposed on PBS’s Frontline – got a 360-day extension on PREA compliance.

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