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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsICE Detention Center Says It's Not Responsible for Staff's Sexual Abuse of Detainees
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https://www.aclu.org/blog/immigrants-rights/immigrants-rights-and-detention/ice-detention-center-says-its-not-responsible
All 50 states, the District of Columbia, and the federal government impose criminal liability on correctional facility staff who have sexual contact with people in their custody. These laws recognize that any sexual activity between detainees and detention facility staff, with or without the use of force, is unlawful because of the inherent power imbalance when people are in custody. Yet, one immigration detention center is trying to avoid responsibility for sexual violence within its walls by arguing that the detainee consented to sexual abuse.
E.D., an asylum-seeker and domestic violence survivor from Honduras, was sexually assaulted by an employee while she was detained with her 3-year-old child at the Berks Family Residential Center in Pennsylvania. At the time of the assault, E.D. was 19 years old.
She filed suit against the detention center and its staff for their failure to protect her from sexual violence, even though they were aware of the risk. The record in the case, E.D. v. Sharkey, shows that her assailant coerced and threatened her, including with possible deportation, while the defendants stood by and made jokes.
Although the employee pled guilty to criminal institutional sexual assault under Pennsylvania law, the defendants contend that they should not be liable for any constitutional violations. Their argument rests in part on their assessment that the sexual abuse was consensual and that they should be held to a different standard because the Berks Family Residential Center is an immigration detention facility rather than a jail or prison.
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I'll give you a clue....yes you fucking are...........institutional sexual abuse is beyond disgusting
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ICE Detention Center Says It's Not Responsible for Staff's Sexual Abuse of Detainees (Original Post)
sunonmars
Nov 2018
OP
secondwind
(16,903 posts)1. OMG..... it just keeps getting worse and worse.
dalton99a
(81,070 posts)2. Yes, every damn day
Volaris
(10,260 posts)3. I suppose they think that responsibility belongs to a different agency..
The FAA , maybe.
Or, if it's a private prison company , they could just come out and say hrm ya maybe this is a bad idea we should stop doing this.