Tag Archive: sexual assault

2 Men Awarded $750,000 for Wrongful Convictions in 1983 Murder

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From The New York Times

DURHAM, N.C. — One year to the day after a North Carolina judge threw out their wrongful murder convictions, a state commission awarded $750,000 each as compensation to two half-brothers who spent three decades in prison, much of it on death row.

Patrick M. Megaro, the recently hired lawyer for the men, Henry Lee McCollum, 51, and Leon Brown, 47, announced the settlement. Mr. Megaro also filed a federal lawsuit against government and law enforcement officials of Robeson County, N.C., for obtaining their convictions through “fraud, perjury, coercion, the willful failure or refusal to investigate exculpatory evidence.”

A pardon by Gov. Pat McCrory of North Carolina in June made each man eligible for $50,000 a year in compensation from the state, up to $750,000 each. (Without a cap, the compensation for their full 31 years in prison would be more than double that amount.) The maximum was granted to each man on Wednesday by the North Carolina Industrial Commission, which oversees workers’ compensation and tort claims. (more…)

Why Americans Don’t Care About Prison Rape

alcatraz_prison_block_cc_imgFrom The Nation

In June of 2012, the New York Times “Room for Debate” feature considered whether or not convicted youth offenders should be treated differently than adult convicts in the penal system. Those in favor of trying some youth offenders in adult courts included a victims’ advocate, and an attorney from the conservative Heritage Foundation; those against included an inmate at California’s San Quentin prison, and a human rights activist. The victims’ advocate and the attorney from the Heritage Foundation talked about extreme cases of violence and the benefits of stern consequences. The inmate and the human rights activist talked about rape.

“The suicide and sexual abuse rates of younger prisoners are higher than those of the physically mature,” Gary Scott, the inmate, noted: “how can rehabilitation be possible in such a dangerous environment?” Scott was incarcerated at age sixteen.

T.J. Parsell, the human rights advocate, put it like this: “In early 2003, I testified on Capitol Hill with Linda Bruntmyer, a mother from Texas whose 17-year-old son was incarcerated after setting a trash bin on fire. In prison, he was raped repeatedly. He later hanged himself inside his cell. I felt a special bond with Linda, because I too had been raped in prison at 17.”

Taken together, the accounts of the carceral system featured in the Times’s roundtable on youth offenders span the entire American conception of prison itself. On one hand, prisons are understood as the terminus at the end of a long line of injustices adjudicated by a cold bureaucracy. On the other hand, American prisons are infamous for their brutality, especially when it comes to sexual violence. Being sent to prison is, in this sense, not the conclusion of the criminal justice process but the beginning of long-term torture.

That prisons routinely house thousands upon thousands of instances of sexual exploitation and rape is at the very least tolerated, and at most subtly appreciated as part of their punitive purpose. Our collective meh at the bracing reality of prison rape may be partially premised on the fact that the problem seems contained; but like most severe sicknesses, it only appears that way, and not for long. (more…)

Time to Speak Up: Women’s Prison Resistance in Alabama

tutwilerBy Victoria Law

Both incarcerated women and the U.S. Department of Justice agree: The Julia Tutwiler Prison for Women in Wetumpka, Ala., is a hellish place. In a 36-page letter that the DOJ issued to the Alabama State Governor Robert Brentley in January, the agency declared, “The State of Alabama violates the Eighth Amendment of the United States Constitution by failing to protect women prisoners at Tutwiler from harm due to sexual abuse and harassment from correctional staff.”

Federal investigators found that, for nearly two decades, staff members at Tutwiler have sexually assaulted women and compelled them into sex to obtain necessities, such as feminine hygiene products and laundry service. Women who report sexual abuse are placed in solitary confinement, where they are given lie detector tests and are frequently threatened by other staff.

But while the DOJ’s letter — and conditions in Tutwiler — made headlines, less attention has been paid to the activism and organizing by women inside Alabama’s prisons. During the department’s investigation, for example, it received 233 letters from women currently incarcerated at Tutwiler detailing a host of concerns about the sexual abuse they’ve either personally experienced or witnessed. This figure does not include the letters that women have been sending to the Department of Justice and other government entities for years before the investigation was launched. When incarcerated, sending testimony letters is a potentially dangerous action. Women risked prison staff opening their letters and reading their complaints — and retaliating against them. Two hundred thirty-three women decided to take that risk. (more…)

On the Way to Solitary, Women in Massachusetts Jail Get Strip Searched and Videotaped

WMRWCCAerial1WebBy Victoria Law / From Solitary Watch

“When women are moved to the Segregation Unit for mental health or disciplinary reasons, they are strip searched. With four or more officers present, the inmate must: take off all her clothes, lift her breasts and, if large, her stomach, turn around, bend over, spread her buttocks with her hands and cough, and stand up and face the wall. If the woman is menstruating, she must remove her tampon or pad and hand it to a guard. An officer with a video camera stands a few feet away and records the entire strip search. This officer is almost always male.”

This is a description of what has happened when women are taken to solitary confinement at the Western Massachusetts Regional Women’s Correctional Center (WCC) in Chicopee. The procedure has been followed not only for women being sent to isolation for violating jail rules but also women who are being placed on suicide watch or who have requested protective custody. Since September 15, 2008, on approximately 274 occasions, a male corrections officer recorded the strip search with a handheld video camera; 178 women were affected by this practice.

In 2009, Debra Baggett wrote a letter to the law office of Howard Friedman about this practice. The office, which has been involved in a number of cases involving prisoner rights and strip searches, investigated Baggett’s complaints. “We found that the jail had a written policy allowing male guards to videotape the strip searches,” stated David Milton, the attorney representing the women. When the jail refused to change its policy, Baggett and a group of other women held at the jail filed suit. (more…)