Module 2 Legal Considerations

Sexual abuse includes all unwilling or non-consensual sexual contact. All sex-crimes laws apply in [Insert jail name]. Inmates can never consent to sexual activity with a staff member, volunteer, or contractor. Sexual Abuse

According to Colorado law, consent means “cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act.” In order for someone to consent to a sex act, they must be able to give permission freely and willingly, and must fully understand the nature of the act. Consent is a clear, enthusiastic “yes.” Adapted from the Colorado Coalition Against Sexual Assault’s “Toward Healing and Justice: A Handbook for Survivors of Sexual Assault.” Legal Definitions of Consent

Inmate-on-Inmate Sexual Abuse (§115.6) Sexual abuse of an inmate by another inmate includes any of the following acts, if the victim does not consent, is coerced into such act, or is unable to consent or refuse: 1.Contact between the penis and vulva or penis and anus; 2.Contact between mouth and penis, vulva, or anus; 3.Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; 4.Intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks.

Quiz: Inmate-on-Inmate Sexual Abuse Based on the PREA standards, are these acts sexually abusive? A.An inmate penetrates another inmate with his finger. B.An inmate gropes another inmate’s breasts while she is heavily medicated. C.During an altercation, one inmate punches another and accidentally hits him in the groin.

Staff-on-Inmate Sexual Abuse (§115.6) Sexual abuse of an inmate by a staff member, contractor, or volunteer includes any of the following acts, with or without consent: 1.Contact between the penis and vulva or penis and anus; 2.Contact between the mouth and any body part; 3.Penetration of the anus or genitals; 4.Intentional touching, either directly or through clothing, of or with the genitalia, anus, groin, breast, inner thigh.

Staff-on-Inmate Sexual Abuse (§115.6) Sexual abuse of an inmate by a staff member, contractor, or volunteer includes any of the following acts, with or without consent : 5.Any attempt, threat, or request to engage in the previously described activities; 6.Display of genitals, buttocks, or breasts in the presence of an inmate; 7.Voyeurism: invasion of the privacy of an inmate for reasons unrelated to official duties.

Quiz: Staff-on-Inmate Sexual Abuse Based on the PREA standards, are these acts sexually abusive? A.A supervisor takes images of inmates with his phone while they are using the restroom. B.A jail deputy touches an inmate’s buttocks while helping her to get up from the toilet. C.A nurse exposes her breasts to an inmate during an examination.

Sexual Harassment (§115.6) 1.Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate directed toward another. 2.Repeated verbal comments or gestures of a sexual nature to an inmate by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

Colorado Criminal Law COLO. REV. STAT. § Sexual conduct in a correctional institution: Occurs when an employee, contract employee or volunteer of a correctional institution engages in sexual conduct with a person who is in custody Includes sexual contact, sexual intrusion, or sexual penetration between a staff/volunteer and an inmate May be considered a class 5 or 6 felony or a class 1 misdemeanor

Passed in 1993 Provides crime victims with certain and specific rights Spells out procedures for State and local law enforcement, probation, corrections, prosecutors, and advocates within the criminal justice system Colorado Victim Rights Act

Recent Case Law – 10 th Circuit Gonzales v. Martinez, 403 F.3d 1179 (10th Cir. 2005): Case brought by a female inmate against the administrator of the Huerfano County Jail in Walsenburg, CO. Hall v. Terrell, 648 F. Supp. 2d 1229 (D. Colo. 2009): Case brought by a female inmate against officials at Denver Women’s Correctional Facility. Hostetler v. Green, 323 F.App’x. 653 (10th Cir. 2009): Case brought by a female inmate against a jailer at the Choctaw County Jail in Hugo, OK.

Potential legal consequences for staff members who engage in sexual abuse of inmates include: Civil liability Criminal prosecution Incarceration Fines and other monetary penalties Sex offender registration Community notification Adapted from the Kern County Sheriff’s Office training “Prison Rape Elimination Act: Ensuring Inmates’ Rights and Changing Jail Culture” Staff Legal Liability