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Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

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Luftwaffe said:
Bull**** because it's still happening and nothing (rightfully) is being done about it.
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Not enough (wrongfully) is being done about it, but there are signs of progress.

"Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment. An amicus brief was submitted by Stop Prisoner Rape,[1] which lauded the decision.[2]"...


...U.S. Federal law, under the Prison Rape Elimination Act of 2003, calls for the compilation of national prison rape statistics, annual hearings by a review panel, and the provision of grants to the states to address prison rape.

In 2012, the US Justice department issued nationally enforceable protocols to all correctional institutions to expand upon the provisions of the 2003 PREA ACT. The move is an effort to prevent, detect and respond to prison rape more effectively. The measure includes numerous provisions, such as barring juveniles from being housed with adult inmates, a ban on cross-gender pat-down searches, video monitoring and special attention to lesbian, gay, transgender or bisexual inmates vulnerable to abuse. Attorney General, Eric Holder noted that “these standards are the result of a thoughtful and deliberative process – and represent a critical step forward in protecting the rights and safety of all Americans.”....
Wikipedia

"...All states have to put the new standards into place, including things like training staff to stop sexual assaults and report them properly, and providing victims with rape kits and counseling. Then states have to pass an audit. If they don't pass, or don't want to go through the audit, they will lose 5 percent of their federal prison grant funding..."
Enforcing Prison Rape Elimination Standards Proves Tricky : NPR
 
Henrin said:
And? Does that somehow matter? The crime is a matter of law that came about because of the opinion of men, not some important fact of any real value.
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Um, wow. Yes, some men thought it was a good idea to make it a law that adult men can't rape little pre-pubescent children. Maybe the fact that little girls shouldn't get raped by grown men is an important fact to some people.
 
Uncensored2008 said:
They should not be part of it, but I question your claim that they are not.

The prison industrial complex thrives on violence and corruption.
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True, I should likely be a bit more careful in what I am stating. Torture, rape, murder, etc cannot be allowed to be part of the prison system.
 
tres borrachos said:
They put themselves in prison with their actions.

What suggestion do you have to avoid cell mates raping each other?
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There would necessarily need to be quite a bit of overhaul from reducing prison population to finding more efficient means to keep prisoners tracked and in line. Nobody really "puts themselves into prison". It's not voluntary. We throw them into prison because they have been found guilty in a court of law of actions which are destructive to a peaceful and free society, which is necessary. But we are still the ones to throw them into prison and we are still responsible for their well being.
 
apdst said:
No, THEIR behavior is ape behavior and it's to be expected, when you put that many animals in one place. Have you ever seen what happens when you ring a chicken's neck, inside the chicken yard? The other chickens attack the dieing chicken. Why? Because they're animals. Or, have you seen what happens when too many dogs are in a pen? They start killing each other...because that's what animals do. Prison is no different.
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Just because they have given into ape behavior doesn't mean that I must as well.
 
tres borrachos said:
Um, wow. Yes, some men thought it was a good idea to make it a law that adult men can't rape little pre-pubescent children. Maybe the fact that little girls shouldn't get raped by grown men is an important fact to some people.
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Yeah, so your point is what? We are debating the nature of how people end up in prison, not what acts they committed and why. You can declare this act is just and this act is not all you want, but it still doesn't change the fact that throwing people in prison is force.

Oh, and it's not a fact. All laws are based on opinion.
 
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Ikari said:
There would necessarily need to be quite a bit of overhaul from reducing prison population to finding more efficient means to keep prisoners tracked and in line. Nobody really "puts themselves into prison". It's not voluntary. We throw them into prison because they have been found guilty in a court of law of actions which are destructive to a peaceful and free society, which is necessary. But we are still the ones to throw them into prison and we are still responsible for their well being.
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They are "thrown" into prison because they commit and are convicted of a crime. I don't support the idea of chain gangs so I didn't suggest that their well being shouldn't be considered. But short of building thousands of prisons with single dorm rooms, how does a prison prevent this from happening again?

Sorry, I disagree that it isn't voluntary. You have a choice. Commit a crime - or don't. If you don't, chances are you won't go to prison.
 
tres borrachos said:
That isn't a suggestion. What's the suggestion?

Chances are good that prisons put violent criminals with each other. They probably aren't going to put the 74 year old who cheated on his taxes in with a guy who killed 4 people.
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This is a start:
PRISON RAPE ELIMINATION ACT LOCKUP STANDARDS
United States Department of Justice Final Rule
National Standards to Prevent,
Detect, and Respond to Prison Rape
http://www.prearesourcecenter.org/sites/default/files/library/preafinalstandardstype-lockups.pdf
 
Henrin said:
Yeah, so your point is what? We are debating the nature of how people end up in prison, not what acts they committed and why. You can declare this act is just and this act is not all you want, but it still doesn't change the fact that throwing people in prison is force.
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So then don't throw them in prison, is that right? Just let 'em rape little girls at will, and pretend we don't see it? That's the alternative, although I like SMTA's suggestion of you taking them into your home too.
 
tres borrachos said:
Wait - seriously?

How so?
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First it needs to be acknowledged that much prison rape is done by guards or other employees and much of the rape by prisoners is encouraged or allowed by guards and other employees. Ending all tolerance for that employee behavior will probably be one of the most effective strategies. Prisoners are under near constant observation and surveillance, eliminating prisoners few opportunities to go unobserved will help. For more, see the document I recently posted with the federal recommendations.
 
tres borrachos said:
So then don't throw them in prison, is that right? Just let 'em rape little girls at will, and pretend we don't see it? That's the alternative, although I like SMTA's suggestion of you taking them into your home too.
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Why do you think barbarian solutions such as prison is a solution to any sort of problem at all? What does it solve? Where has it lead us?
 
Hard Truth said:
First it needs to be acknowledged that much prison rape is done by guards or other employees and much of the rape by prisoners is encouraged or allowed by guards and other employees. Ending all tolerance for that employee behavior will probably be one of the most effective strategies. Prisoners are under near constant observation and surveillance, eliminating prisoners few opportunities to go unobserved will help. For more, see the document I recently posted with the federal recommendations.
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This thread wasn't about rape by a prison guard.
 
Henrin said:
Why do you think barbarian solutions such as prison is a solution to any sort of problem at all? What does it solve? Where has it lead us?
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Listen, if you want kiddie rapists to run free, by all means, invite them to live with you. As someone with kids, I prefer to know that they aren't prowling the streets. Let me know when you open your doors and welcome them in to your home.
 
tres borrachos said:
Listen, if you want kiddie rapists to run free, by all means, invite them to live with you. As someone with kids, I prefer to know that they aren't prowling the streets. Let me know when you open your doors and welcome them in to your home.
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Why not just answer the question? Do you believe prison solves any sort of problem? Do you think it makes us a moral and just society to consider prison justice?
 
a child molester is a monster and should be jailed and then committed to a psychiatric hospital until he is either cured or never let out again.

But, any rape is a failure of the government's duty. He is a wuss to sue the government/jail except if it is a continues and institutional problem in that jail. Fact is that he was raped three times by his jail mate. If he did report it right after each rape and the jail did not stop it or do anything to remedy it then maybe he has a case. If he did not report it until after the third time then it is all down to him. The jail cannot be responsible for non-reporting of rape.

Or if the rapist was already brought up on charges numerous times for raping cell mates then yes, the jail would be lacking in their duty towards the prisoners (regardless of who the prisoner is or what he did as a crime).

This guy was a monster, but jailing him is meant to protect the public, punish him by depriving him of his freedom and keeping him locked up for however long he was sentenced too. Cruel and unusual punishment is not allowed so the jail also has a duty towards the inmates of keeping them locked up but also keeping them as safe and secure as it humanly possible. You cannot stop every act of crime in jail but the jail has to do it's utmost to prevent it.

Jail is supposed to stop crimes, not allowing crimes to occur in jail with no effort of the jail authority/government to stop it.
 
Henrin said:
Why not just answer the question? Do you believe prison solves any sort of problem? Do you think it makes us a moral and just society to consider prison justice?
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I answered the question. Like I said, if you want them to run free, good for you. I don't. Prison is justice. Open your own doors to them, Henrin.
 
Henrin said:
And? Does that somehow matter? The crime is a matter of law that came about because of the opinion of men, not some important fact of any real value. Just because the government can make something a felony and decide that it is justified to throw people in prison for it means nothing to my argument.
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Your 'argument' has no basis in reality.
 
tres borrachos said:
This thread wasn't about a prisoner being raped by a guard.
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It's about rape in prison. Not only does that include prison guards raping inmates themselves, but allowing rapes to occur or continue to occur. To face the problem of rapes in prison you have to face the fact that prison guards are part of the problem.
 
tres borrachos said:
I answered the question. Like I said, if you want them to run free, good for you. I don't. Prison is justice. Open your own doors to them, Henrin.
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How is prison justice?
 
Henrin said:
It's about rape in prison. Not only does that include prison guards raping inmates themselves, but allowing rapes to occur or continue to occur.
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When there is a thread about prison guards raping inmates, I'll participate. This thread is about a law suit filed by a criminal because his criminal cell mate raped him.

And your evidence that the prison "allowed" the rape by his cell mate to happen will come in handy for the inmate who filed the suit. I never saw such evidence.
 
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