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Concerns Rise Over U.S. Anti-Prison Rape Law’s Fate

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(Courtesy of spaulforrest.com)

(Courtesy of spaulforrest.com)

Rebecca Boone, ASSOCIATED PRESS

 

(AP)—When Congress passed a law in 2003 aimed at ending sexual assault in U.S. prisons, jails and juvenile detention centers, survivors like Jan Lastocy were hopeful that it would help solve the long-ignored problem.

Lastocy and a coalition of inmate advocacy groups and evangelical groups had worked for years to convince policymakers and corrections officials that rape behind bars shouldn’t be accepted, even if the public had little sympathy for its victims.

“I felt vindicated because I had been fighting so hard, and for so long, to bring attention to this issue and get justice for myself and for all survivors,” said Lastocy, who was repeatedly raped by a guard while serving time for embezzlement.

Now, some advocates worry that a proposal to reduce the law’s financial penalties will severely damage it. The measure failed last fall, but its sponsor, Sen. John Cornyn, R-Texas, vows to re-introduce it in the new GOP-controlled Congress.

Cornyn said the funds include grants for worthy programs, such as ones that support rape and domestic violence victims. He said the law should be more narrowly tailored to affect money for prison construction, operations and administration.

The proposal has put some prison rape survivors on the opposite side of those who survived sexual assault on the outside.

Nearly two dozen organizations, including prison industry groups and the Rape, Abuse and Incest National Network, have lauded Cornyn’s efforts, and say they trust prison officials to work vigorously at reducing rapes even without financial penalties.

“There’s no desire to do anything less than help victims,” said Rebecca O’Connor, RAINN’s vice president of public policy, adding that her organization just wants to make sure the law is applied in a way that doesn’t harm existing programs.

Advocates say the measure is the latest sign that the law’s implementation is too slow.

Federal statistics show about 216,000 adult and juvenile inmates are sexually assaulted each year, compared to 238,000 people living outside of correction facilities in the U.S.

Allen Beck, a statistician with the U.S. Department of Justice who researches the incidence of prison rape, said the biggest indicator of prisoner sexual assault is the culture of the facility, not the number of inmates or security cameras.

“Really it’s about how the facilities are managed, in terms of institutional culture,” Beck said.

When Lastocy stepped into Camp Branch, a minimum security women’s prison in Michigan, in 1998, she was facing as much as 10 years in prison for attempting to embezzle several thousand dollars from her employer, ABO Security.

As she adjusted to the discovery after her arrest that she had bipolar disorder, rape quickly became a fact of life.

Like many prison rape survivors, she feared that the guard who raped her could extend her prison stay by writing her false tickets for breaking prison rules if she reported him. He was later convicted of sexually assaulting several inmates, including Lastocy.

When she learned that she may have been his first victim, she felt guilt for not speaking up, said Lastocy, who now is an advocate for prison rape survivors.

The passage of the law, however, gave her hope that there would be fewer victims. But like other advocates, she’s been frustrated by the pace of change at correctional institutions throughout the country.

So far, seven states have opted out of the law, and stand to lose 5 percent in federal money that goes toward prisons. Two states — New Jersey and New Hampshire — say they are in compliance, and 41 others are working to meet the law’s requirements.

The law’s backers say Cornyn’s proposal would essentially gut the penalty because little, if any, federal grant money actually goes toward prison administration, operations and constructions. Those are funded by state and local governments.

To take the provision out “would totally obliterate the incentive states have to comply with” the law, said U.S. District Judge Reggie B. Walton, the chairman of the former National Prison Rape Elimination Commission.

The commission developed the law’s requirements, which range from increased training of staff about sex abuse policies to screening new inmates to determine if they’re likely to commit sexual assault or to be assaulted.

In Texas, which has six facilities among those nationally with the highest prevalence rate of sexual assaults, officials used nearly $2.6 million in federal money to install extra cameras in some facilities and develop a sexual assault awareness curriculum.

The state has since opted out, and faces an $800,000 loss in federal funding.

Jason Clark, a corrections spokesman, said a requirement to prevent guards from seeing inmates of the opposite sex naked in the showers or during strip searches wouldn’t work because 40 percent of the correctional officer workforce is female.

Many states have trained staffers and educated inmates about how to spot and report sexual assault.

Addressing sexual assault and caring for victims “decreases the likelihood of an offender becoming a victim again and committing a violent act once he or she returns to the community,” said Norah West, Washington state’s corrections spokeswoman.

For Lastocy, the trauma didn’t end when she left prison. She still has nightmares, 15 years later. “As much as I despise him, I don’t even wish my rapist would be raped while he is in prison, because nobody deserves it,” she said.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price

“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday. “Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.

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Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.
Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.

By Ken Epstein

Part One

Alameda County District Attorney Pamela Price gave an exclusive in-depth interview, speaking with the Oakland Post about the continuing legacy of Jim Crow injustice that she is working to overturn and her major achievements, including:

  • restoring and expanding services for victims of crime,
  • finding funding for an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors and
  • aggressively prosecuting corporations for toxic pollution and consumer violations.

“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday.

“Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.

Passed by the State Legislature, this law “is an extremely helpful tool for us to address the racial disparities that continue to exist in our system,” she said.

(The law addresses) “the racial disparities that we find in our juvenile justice system, where 86% of all felony juvenile arrests in the county are Black or Brown children.

“We trained the entire workforce on the Racial Justice Act. We are creating a data system that will allow us to look at the trends and to clearly identify where racism has infected the process. We know that where law enforcement is still engaging in racial profiling and unfair targeting and arresting, we’re trying to make sure we’re catching that.”

Many people do not know much about the magnitude of Alameda County District Attorney’s job. Her office is a sprawling organization with 10 offices serving 1.6 million people living in 14 cities and six unincorporated areas, with a budget this year of about $104 million.

Asked about her major achievements since she took office last year, she is especially proud of the expanded and renewed victims’ services division in the DA’s Office, she said.

“We have expanded and reorganized the entire claims division so that we are now expediting as much as possible the benefits that victims are entitled to. Under my predecessor, they were having to wait anywhere, sometimes as long as a year, to 400 days to get benefits.

“Claims had been denied that should not have been denied. So, we’re helping people file appeals on claims that were denied under her tenure,” D.A. Price said.

“Under my predecessor, (the victims’ service office) was staffed by people who were not trained to provide trauma-informed services to victims, and yet they were the only people that the victims were in contact with. We immediately stopped that practice,” she continued.

“We had to expand the advocate workforce to include people who speak Hmong, the indigenous language of so many people in this county who are victims of crime.”

More African Americans advocates were hired because they represent the largest percentage of crime victims and we hired a transgender advocate and advocates who speak Cantonese and Mandarin. “The predominantly Chinese American community in Oakland was not being served by advocates who speak the language,” said D Price

“We reduced the lag time from the delivery of benefits to victims from 300 to 400 days down to less than 60 days.”

She increased victim advocacy by 38%, providing critical support to over 22,500 victims, a key component of community safety.

Other major achievements:

  • She recently filed 12 felony charges against a man accused of multiple armed robberies, demonstrating her seriousness about prosecuting violent crimes
  • In October, a jury delivered a guilty verdict in the double murder trial of former Alameda County Sheriff’s Deputy Devin Williams, showing DA Price’s commitment to holding law enforcement accountable.
  • She recently charged a man and woman in unincorporated San Leandro with murder, felony unlawful firearm activity, and felony carrying a loaded firearm in public.
  • A. Price’s office was awarded a $6 million grant by the state for its CARES Navigation Center diversion program. In partnership with the UnCuffed Project at a Seventh Day Adventist Church in Oakland, the program provides resources and referrals for services to residents as an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors.

“This is the largest grant investment in the history of the Alameda County District Attorney’s Office,” said D.A. Price.

She explained that the program now has a mobile unit. “We have washers and dryers. We have a living room. We have a television. It’s a place where people can decompress, get themselves stabilized,” she said.

The project has “the ability to refer people to housing, to more long-term mental health services, to social services, and to assist them in other ways.”

  • Her office joined in a $49 million statewide settlement with Kaiser Health Plan and Hospitals, resolving allegations that the healthcare provider unlawfully disposed of hazardous waste, medical waste, and protected health information. The settlement, which involved the state and a half dozen counties, resulted in Alameda County receiving $7 million for its residents.
  • DA Price charged a former trucking company employee for embezzling over $4.3 million, showing her commitment to tackling white-collar crime.
  • For the first time, Alameda County won a criminal grand jury indictment of a major corporation with two corporate officers that have been sources of pollution. “They had a record of settlements and pollution in this community, and they had a fire that constituted a grave danger,” she said.

 

Attorney Walter Riley contributed to this article.

See Part Two

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Activism

‘Criminal Justice Reform Is the Signature Civil Rights Issue of Our Time,’ says D.A. Pamela Price

Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”

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“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I'm just running against a billionaire,” who does not show his face in public, she said. Courtesy photo.
“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I'm just running against a billionaire,” who does not show his face in public, she said. Courtesy photo.

“As long as our criminal justice system is stuck in the mentality and practices of the 1950s, our country is not going to move forward,” she said.

By Ken Epstein

Part Two

District Attorney Pamela Price, facing a recall that began before she took office in January 2023, explained in an exclusive interview with the Oakland Post how she came to dedicate her life to transforming a deeply flawed criminal justice system into one that provides equal justice and public safety for all and ends mass incarceration for African Americans and other working-class people.

She summarized her life experiences as someone who was “traumatized and radicalized” by Dr. King’s murder, joining the Civil Rights Movement full force, getting arrested when she was 13 years old in a civil rights demonstration, being tracked into the juvenile justice and the foster care systems, and making it as a foster kid from the streets of Cincinnati to Yale College.”

“I understand a lot of things about struggle, about sacrifice, about trauma and fortunately survived all of that, and as a survivor learned some important lessons, and I brought all of that with me into the law and have been able to become a civil rights attorney in Alameda County,” she said.

“That’s been the joy of my life; I’ve lived every lawyer’s dream,” she said.

“Years ago, when I first decided to run for district attorney, I realized that mass incarceration was so destabilizing to our communities,” she said.

She saw that the “criminal justice system has so many impacts on our community, the safety of our community, the stability of our community, the growth of our community, the direction of our community.”

“As long as our criminal justice system is stuck in the mentality and the practices of the 1950s … our society is going to be mired in discord, and we will not have social justice, racial justice, economic justice, none of the things that actually make our communities worth living in.”

Speaking about the destructive impact of mass incarceration, Price asked people to consider “how many children have incarcerated parents, where the practice has always been to isolate and eliminate connections between people who are incarcerated and their children and their families and the community. So, when we bring people home, they have no more connection.”

It is crucial to address the needs of “young people in the juvenile justice system when they are more likely and able to be rehabilitated and redirected,” she said. Young people are much more able to be rehabilitated before the age of 18, really before the age of 26, and before they end up in an adult prison.

D.A. Price’s predecessor, Nancy O’ Malley, joined the D.A.’s office in 1984, where she remained for 39 years. She was promoted to a leadership position after just six years in the office during the era of mass incarceration when there was an explosion of prison construction in California.

“Prosecutors like my predecessor were the ones who filled (those prisons) up.  She became a leader in the office around 1990. And what is very important for the public to know is that prior to becoming the district attorney in 2009, she was the chief assistant district attorney for 10 years under Tom Orloff.

“O’Malley worked very closely, hand-in-hand with him for the period of time that included the illegal conduct or the unconstitutional exclusion of Jewish people and Black people from death penalty juries.”

Commenting on the recall campaign against her, she said that had not a handful of multimillionaires and billionaires “put millions of dollars into this, we would not be having this recall. It is not a grassroots movement. It’s a platinum movement.”

“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I’m just running against a billionaire,” who does not show his face in public, she said.

If they successfully paint Oakland as a failed city, then hedge fund billionaires and real estate developers can come in and buy up the property cheap, she said.

Though D.A. Price has been bombarded by a massive tsunami of lies, slanders, and misrepresentation, she remains strong and positive because she is a woman of faith, she said.

“I’ve been saved and guided by (a) higher power since I was 13 years old. So, I’m not a new person to faith, and I’m grounded in that,” she said.

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Activism

Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

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Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.
Activism3 hours ago

‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price

“People have no idea what the vision is for the next district attorney, or where the office will go if I am, in fact, recalled, she continued. “I'm just running against a billionaire,” who does not show his face in public, she said. Courtesy photo.
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