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Tougher Penalties Needed for Prison Staff Who Have Sex With Inmates, Report

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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 10:50 AM
Original message
Tougher Penalties Needed for Prison Staff Who Have Sex With Inmates, Report
http://ap.tbo.com/ap/breaking/MGBHDESU88E.html

WASHINGTON (AP) - Prosecutors often decline to pursue cases against federal prison guards and other employees who have sex with inmates, and when they win convictions the punishment often is light, the Justice Department's internal watchdog reported Monday.


It is illegal for a federal prison employee to have sex with an inmate, even if it's consensual. But fewer than the half the 163 such cases substantiated by investigators and turned over to federal prosecutors resulted in criminal cases against prison employees in the five years that ended in September, Justice Inspector General Glenn A. Fine said.

The major reason is that federal law considers most cases of sexual relations just a misdemeanor with a maximum sentence of a year. It's a felony only if the prison employee uses force or threats. Most states consider any sexual relationship a felony.

In one instance cited in Fine's report, a prosecutor refused to pursue a case against a teacher in a federal facility who confessed to having sex with an inmate. The unidentified prosecutor called the case a "stupid sex case" and a "waste of time" because it was a misdemeanor.

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carnie_sf Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:04 AM
Response to Original message
1. They should have their nuts removed
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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:07 AM
Response to Reply #1
2. I would settle for chemical castration n/t
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Megahurtz Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 04:14 PM
Response to Reply #2
22. Not me.
Do you think they would keep up on taking their pills? Not.
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noamnety Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:08 AM
Response to Reply #1
3. I wouldn't go that far, but
If they are convicted, they should be banned from working in prisons again, and listed as sexual predators.
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noonwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:10 AM
Response to Reply #1
4. How do we punish female guards, then?
I'm sure that some have sex with male inmates. I have a friend who used to work for DOC who did-she got caught and forcibly transferred to another department, not to mention the beatings the inmate gave her once he got out and they moved in together. I guess that was her punishment.

I do think that letting married inmates have conjugal visits with their legal spouses cuts down on the temptation on the inmate's side to get involved with staff. The staff needs to know that they will be immediately terminated from employment and face some level of criminal charges if they get involved with an inmate. In some cases, their actions are rape or even a kind of sexual slavery. If the situation involves trading sex for privileges (or rights, since they are locked up, the few they have are important to them), there should defintely be criminal charges for the staff.
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soothsayer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:20 AM
Response to Reply #4
10. same way! Have you SEEN a female prison guard?
just kidding, i'm sure they're very nice...!
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goddess40 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 01:15 PM
Response to Reply #10
17. I used to be a correctional officer
and they do go after the female co, at least in WI, as much as the males. Actually the women got worse punishment than the guys did - I think it goes to that old myth that men can't help themselves.
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goddess40 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 01:22 PM
Response to Reply #4
18. Inmates get involved with staff for reasons other than sex
it gives them power and leverage. Conjugal visits don't provide either of those - even prison rapes are more about power then sex.
Inmates think differently then most other people, what makes sense to us may not apply to them.
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emad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:13 AM
Response to Original message
5. Report Calls for Clampdown on Prison Sex
Monday May 2, 2005 4:46 PM


By MARK SHERMAN

Associated Press Writer

WASHINGTON (AP) - Prosecutors often decline to pursue cases against federal prison guards and other employees who have sex with inmates, and when they win convictions the punishment often is light, the Justice Department's internal watchdog reported Monday.

It is illegal for a federal prison employee to have sex with an inmate, even if it's consensual. But fewer than the half the 163 such cases substantiated by investigators and turned over to federal prosecutors resulted in criminal cases against prison employees in the five years that ended in September, Justice Inspector General Glenn A. Fine said.

The major reason is that federal law considers most cases of sexual relations just a misdemeanor with a maximum sentence of a year. It's a felony only if the prison employee uses force or threats. Most states consider any sexual relationship a felony.

In one instance cited in Fine's report, a prosecutor refused to pursue a case against a teacher in a federal facility who confessed to having sex with an inmate. The unidentified prosecutor called the case a ``stupid sex case'' and a ``waste of time'' because it was a misdemeanor.
http://www.guardian.co.uk/worldlatest/story/0,1280,-4977073,00.html
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sniffa Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:13 AM
Response to Reply #5
6. but it's a great aLbum!
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Mizmoon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:13 AM
Response to Reply #5
7. Can we stop prison rape first?
then worry about the consentual but illicit relationships second.
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Placebo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:16 AM
Response to Original message
8. Yet no one seems to care about RAPE in prisons...
Edited on Mon May-02-05 11:17 AM by Placebo
among the prisoners!

Just because you're in prison, doesn't necessarily mean you are a violent criminal, a sexual predator, or a serial killer. Yet we disregard these people's abuse and suffering just because they are behind bars.

Stories of Survival: Recognizing Rape Behind Bars

http://www.spr.org

Human Rights Watch

http://www.hrw.org/reports/2001/prison
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 12:10 PM
Response to Reply #8
13. No, but many posters here sure support it
Many so-called progressives love the thought of a freeper, givernment official or other criminal getting raped in prison.
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Placebo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 06:27 PM
Response to Reply #13
23. Sad but true.
*hangs head*
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redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 12:15 PM
Response to Reply #8
14. I agree with you and Mizmoon,
however it seems our society seems to enjoy being able to inflict this added torture on inmates. I've seen more than a few posts here expressing delight at the prospect of some criminal being raped in jail.
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mpendragon Donating Member (210 posts) Send PM | Profile | Ignore Mon May-02-05 11:17 AM
Response to Original message
9. it should be treated like a sexual assault on someone who can't consent
Edited on Mon May-02-05 11:22 AM by mpendragon
This should be just like what would happen to someone doing this at a home for the developmentally disabled. These women aren't in a position to really consent. I can understand that some women (a minority) in jail for a while might want to get laid by a guy but guards shouldn't be doing it because they are authority figures.

So I say:
With Consent -> Sexual Assault + fired
Without Consent -> Rape + fired

On a less serious note:
"So ladies, if ya wanna rob a bank but you don't want your cooter poked, head to Minnesota - land of 10,000 lakes..." - Tina Fey
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keopeli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:21 AM
Response to Original message
11. I'd like to add a great big WHO CARES?!
So prisoners have sex with workers. So what? You mean part of prison is sex deprivation? What? Come on!!!!!!!!!!!!!

Let's deal with rape instead. Let's deal with overcrowding and racial bias in prisons. Let's deal with criminalized drug use and how the punishment doesn't fit the crime.

Dumb dumb dumb

--

Sarcasm follows -
Hey! You over there! Stop having sex with that inmate! I see you, you corrupt guard. I can't believe you would have sex with someone in jail for tax evasion! You deserve to go to jail!
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NorthernSpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 11:50 AM
Response to Reply #11
12. the point, Keopeli...
... is that a prisoner, being pretty much at the mercy of her jailers, is unlikely to be able to refuse a demand for sex without risking serious reprisals. The prisoner has no opportunity to remove herself from the presence of a guard who has chosen to abuse his authority.
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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 12:37 PM
Response to Reply #12
15. Kind of hard to believe you even needed to explain that to someone n/t
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keopeli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 03:16 PM
Response to Reply #15
21. Kind of hard to believe you'd take the time to insult my opinion
and with nothing additional to offer. Thanks anyway, I suppose.
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keopeli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 03:15 PM
Response to Reply #12
20. Thank you for the clarification, NorthernSpy
I'm afraid I still don't understand the efforts to focus on what is otherwise consensual sex when there are a trillion zillion other more important issues. Is it possible some guards use their authority to intimidate prisoners into having sex and the prisoner covers for his/her assailant by claiming complicity? Yes, of course. Is this a big problem? I can't believe that it is.
--
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arikara Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 01:15 PM
Response to Original message
16. Putting aside the ethics of having sex
with someone that they have so much power over, is there any other job that would tolerate the workers screwing around on company time and getting paid for it?
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daleo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-02-05 02:16 PM
Response to Reply #16
19. White House correspondent for Talon News? n/t
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