While many of California’s correctional facilities are operated by the state’s Department of Corrections and Rehabilitation (CDCR), a number of facilities are operated by the federal government’s Bureau of Prisons (BOP). Unfortunately, sexual abuse of inmates is a common issue throughout many of these facilities. This includes the Naval Consolidated Brig, Miramar (NAVCONBRIG Miramar), just outside San Diego.

Of the 400 inmates housed there, it includes all female prisoners from every branch of the United States military. Despite having the federal government’s resources, many factors that contribute to the sexual abuse of women inmates are present at NAVCONBRIG Miramar. Understanding these factors and what your options are if you’ve been sexually abused is key to protecting your rights in California.

Women Inmates In California Can Trust Maison Law

When you’re experiencing sexual abuse as a woman inmate at NAVCONBRIG Miramar, you need a trustworthy legal team. At Maison Law, we’re dedicated to providing compassionate and effective representation to women inmates throughout the state. Our experienced team of California women inmate sexual abuse lawyers understands the unique challenges women face in the prison system and will work tirelessly to ensure your rights are protected.

Issues for Women Inmates at NAVCONBRIG Miramar

NAVCONBRIG Miramar is a minimum security prison operated by the federal Bureau of Prisons (BOP). It’s designated purpose is to house pretrial offenders of the Uniform Code of Military Justice (UCMJ). As such, it’s staffed by both military personnel and civilian employees that work with inmates as they serve their sentence and attempt to reintegrate into active duty–or civilian life.

While its environment is based on a strict military order and discipline, the reality is that women inmates there are still prone to many of the same issues that they experience throughout other prisons. These can include:

Sexual abuse – Women in military prisons like NAVCONBRIG Miramar commonly face the risk of sexual abuse, harassment, and assault by staff members due to the nature of incarceration and its power imbalance. Further, there is also the issue of sexual abuse between inmates themselves. All of this can cause serious physical and emotional harm and make it difficult for women to feel safe while incarcerated.
Inadequate healthcare – Much like other prisons, women inmates at NAVCONBRIG Miramar can sometimes face limited access to adequate healthcare services, especially reproductive healthcare and mental health services. This can lead to untreated medical conditions and worsening mental health.
Separation from children and families – Like all prisons, women inmates in NAVCONBRIG Miramar have to endure long periods of separation from their children and families, which makes it difficult to maintain family connections and relationships.
Inadequate reentry resources – NAVCONBRIG Miramar and other military prisons are responsible for preparing inmates for reentry to active military duty or civilian life. However, some women inmates may face challenges upon release, including finding housing, employment, and social support networks. Without adequate reentry resources, they may struggle to successfully reintegrate into their communities and may be at a higher risk of recidivism.

Obviously, these issues are a challenge for women inmates in NAVCONBRIG Miraramr. While they aren’t unique to this facility specifically, it does provide a window into everyday life for these women. On top of these issues, when inmates are sexually abused, it only adds to the difficulties these women face.

What Causes Sexual Abuse in California Prisons?

In order to understand the issue of sexual abuse of women inmates in California, it’s helpful to understand what exactly constitutes sexual abuse. Sexual abuse, in terms of prison inmates, refers to any non-consensual sexual activity. This can cover a wide range of potential forms of abuse, including:

Sexual Harassment
Assault
Rape
Coerced sexual activity
Exploitation
Inappropriate touching

No matter what type of sexual abuse occurs to an inmate, there are certain underlying causes that are present throughout prison environments in California. These causes include the following:

Power dynamics – Prisons are hierarchical environments where staff members have a great deal of power over inmates, which can create opportunities for abuse and exploitation.
Overcrowding – California prisons have been chronically overcrowded, which can exacerbate the risk of sexual abuse by increasing tension and competition for limited resources.
Staff shortages – California prisons have also experienced staff shortages, which can make it difficult for staff to properly supervise inmates and respond to incidents of sexual abuse.
Inadequate training – Many prison staff may not receive adequate training on how to prevent and respond to incidents of sexual abuse, which can contribute to a culture of impunity and a lack of accountability.
Lack of transparency and accountability – There may be a lack of transparency and accountability in how incidents of sexual abuse are reported and investigated, which can create a culture of silence and discourage victims from coming forward.
Gender dynamics – Prisons are typically male-dominated environments, and women inmates may be particularly vulnerable to sexual abuse and harassment due to their minority status.

Again, NAVCONBRIG Miramar is no different than any other prison in terms of these underlying causes of sexual abuse to inmates. That said, it has federal resources at its disposal regarding issues like staffing and training. But as with any prison environment, outliers exist and can lead to women inmates being sexually abused.

What Legal Rights Do Women Inmates at NAVCONBRIG Miramar Have?

All inmates at NAVCONBRIG Miramar, including women, have certain rights. Many of these are basic, fundamental rights that every prisoner has, such as access to healthcare, nutrition, and communication with family and support systems. However, the issue of inmate sexual abuse is explicitly protected by the law. Because it’s operated by the BOP, NAVCONBRIG Miramar is subject to federal laws that protect against sexual abuse, which include:

Prison Rape Elimination Act (PREA) – Passed in 2003, the PREA requires all federal, state, and local prisons and military facilities to implement regulations to take steps to prevent, detect, and respond to sexual abuse and harassment of inmates. The PREA also mandates annual reporting and data collection on incidents of sexual abuse in correctional facilities.
Eighth Amendment of the U.S. Constitution – The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, including the sexual abuse of inmates by staff or other inmates.

What Compensation Can Sexual Abuse Victims at NAVCONBRIG Miramar Get?

Simply put, being sexually abused while incarcerated is a violation of both your human rights and the law. In response to this, the law allows victims of sexual abuse to pursue claims for compensation against those that committed the abuse and allowed it to take place. In terms of liability, this could include the following:

The staff member or officer that committed the abuse
The prison facility and its administration
The Bureau of Prisons, in its capacity as operator

In most cases, the quickest path to compensation for the abuse suffered is to file a civil lawsuit against the responsible parties. Because NAVCONBRIG Miramar is a federally operated prison, this would mean filing a claim in federal court. While there are some procedural differences, ultimately filing a federal court case against the people responsible for your sexual abuse as an inmate can allow you to recover compensation in the form of “damages.” These damages typically include:

Medical expenses and bills
Pain and suffering
Emotional distress
Punitive damages

In a sexual abuse case, this compensation can quickly add up. However, it’s important to remember that what you’re ultimately able to recover depends on the particular facts of your case. That’s why it’s important to work with our team of experienced women inmate sexual abuse lawyers. We know how to build an effective case and make sure that you’re able to recover fair compensation for the harm you’ve suffered.

Experienced Legal Support and Guidance From Maison Law

Standing up for your rights as an inmate, especially in a military prison, can be quite intimidating. Sexual abuse is not only a rampant issue in many prisons, it can be totally demoralizing for victims, leaving them feeling powerless and alone. At Maison Law, we’re here to provide legal support and guidance to any victim of sexual abuse, including those inmates in NAVCONBRIG Miramar.

Our team of experienced women inmate sexual abuse lawyers will help you gather any evidence of abuse and work to hold the perpetrators and facility accountable for your mistreatment. Contact us today for a free, no-obligation consultation and lean on our legal support and guidance through this challenging time.

Compensation for Naval Consolidated Brig, Miramar Sexual Abuse Victims