E.D. v. Sharkey - Amicus Brief

Our amicus brief filed in the U.S. Court of Appeals for the 3rd Circuit on October 30, 2018, discusses the prevalence of sexual assault in a range of detention settings, including family immigration detention, and the clearly established right of detainees to be protected from sexual violence. We argue that, as recognized by state and federal laws, “consent” is irrelevant to the issue of whether a staff member of a detention center sexually assaulted a detainee because of the inherent power imbalance in custodial settings. 

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