Maison Law represents inmates that have experienced sexual abuse or assault at women’s prisons in California. Even in a prison environment, knowing how to protect your rights is crucial. A new bill (SB 898) increases the rights and protections inmates have, and our skilled team of sexual abuse lawyers is here to help support them in seeking justice. Contact us today for a free consultation and get the help you need.
When Do You Need a Lawyer?
Facing sexual abuse or assault as an inmate at one of California’s women’s prisons is a very scary situation, and can leave you feeling overwhelmed and helpless. Despite your incarceration, you have rights. But because the legal landscape changes quickly, it can be difficult to know where to turn or what to do. That’s when you need a lawyer, and our team at Maison Law can help you.
The fact is, the law is on your side in this situation. Our team can explain your options, help you gather evidence, and hold your abusers accountable through the legal system.
What is Senate Bill 898?
Senate Bill (SB) 898 was originally proposed by Senator Nancy Skinner, and was recently approved by the Senate Assembly’s Public Safety Committee. The bill was written in response to a rash of sexual abuse and assault cases in many of California’s women’s prisons by guards.
Specifically, SB 898 has several provisions meant to address the issue of sexual abuse, including:
- Extending statutes of limitations – Survivors can file complaints relating to their sexual abuse after they’re released from prison or jail.
- Reduced sentences – Survivors that can prove they’ve suffered sexual abuse by staff or guards can have their prison sentences shortened by up to one year.
- Whistleblower protection – Survivors or inmates who report abuse are protected from retaliation for 90 days.
- Special resentencing – Survivors of sexual abuse can get special consideration for a new sentence.
- Quick investigations – Retaliation cases are investigated within 72 hours of being reported.
SB 898 adds to the protections that inmates in California’s women’s prisons have, especially as it relates to their mistreatment. Still, sexual abuse is a serious issue that needs to be further understood to properly address it.
What Types of Sexual Abuse Happen in California Women’s Prisons?
Sexual abuse of women in California’s prisons is a major problem. Not only is it prevalent due to overcrowding and other issues, but another issue is that it covers a wide variety of different forms of mistreatment. Most often, though, it includes the following:
- Touching without consent – This is when inmates are touched inappropriately by authorities without their consent, including groping or fondling.
- Sexual harassment – Inmates often face unwanted comments, gestures, or propositions. Women in prison are especially vulnerable, as they may be afraid to speak out due to fear of retaliation.
- Quid pro quo – This involves being pressured or threatened into sexual activity, like being promised protection or favors in exchange for sex.
- Rape – Any form of sexual penetration without consent is considered rape.
- Sexual exploitation – This occurs when sexual activity is forced or manipulated for someone else’s benefit, like exchanging sex for drugs or other contraband.
- Voyeurism – This involves secretly watching or photographing someone’s private parts or sexual activity without their permission.
Sexual abuse in women’s prisons can lead to severe and lasting effects, worsened by inadequate medical care. It can happen between inmates, as well as between inmates and prison staff, adding to the overall problems within the prison system. This is the main thrust of SB 898 and other legal protections is giving survivors the right to file a claim.
What Legal Options Do Sexual Abuse Survivors Have in California?
Inmates in California’s women’s prisons have the right to file a claim for damages if they experience sexual abuse. This involves taking legal action by filing a civil complaint against the prison, its management, and the person responsible.
Although this can be challenging, our team of experienced California sexual abuse lawyers can help ensure you get the financial support you’re entitled to.
If your claim is successful, you might be able to recover:
- Medical expenses, covering costs for treatment, ongoing care, bills, and therapy related to the abuse and resulting psychological trauma.
- Pain and suffering, which covers physical pain and mental distress caused by the abuse.
- Emotional distress, which revolves around any emotional and psychological damage from the abuse.
- Punitive damages can be awarded to punish the facility for their serious misconduct and to prevent future abuse.
Filing a claim while still incarcerated takes immense courage. But it also takes a great deal of evidence and other important information that you’ll need.
What Do You Need For a Sexual Abuse Claim Against a California Women’s Prison?
More so than a regular injury claim, proving sexual abuse at the hands of someone inside a women’s prison in California is quite challenging. That said, it’s not impossible. As a survivor of abuse, it’s very important to take the right steps in documenting and showing the abuse, and more importantly that no one in a position of authority did anything about it. So, if you’ve suffered sexual abuse as an inmate, here’s what you need to do:
- Get medical attention – Seek immediate medical help for any abuse or injuries with the prison’s infirmary and report all abuse-related health issues. Make sure to go to all your follow-up appointments to keep records of your condition.
- Document what happened – Write down details of the abuse, including dates and names, and note how it impacts you physically and emotionally. Collect any physical evidence, like clothing or photos, if possible.
- Report to prison officials – File a formal complaint with prison officials to make sure things are officially documented. This should provide you with some protection, but make sure to follow-up to ensure things are addressed.
- Keep records and evidence – Save all medical records, grievance filings, and any physical evidence related to the abuse. Save all correspondence with prison officials and medical staff.
Again, this evidence is critical when you want to explore your legal options. However, it can be difficult to do this while you’re an inmate, given the limits of what you’re able to do on a day-to-day basis. Still, taking these actions helps support your case and ensures your rights are protected.
Survivors of Prison Sexual Abuse Can Count on Maison Law
Being in a California women’s prison comes with many challenges, and while you may have limited access to certain amenities, you still have basic rights, including protection from sexual abuse. If you experience abuse, you have the right to hold the prison accountable.
At Maison Law, our experienced team is here to guide you through this tough situation. We’ll help you understand your legal rights and options and support you throughout the process. Contact us today for a free consultation to get started.
