For years now, Abu Ghraib has been the American buzzword for prisoner abuse and the systematic torture of inmates. Not many people know the name Ali Qaissi, but everyone knows the infamous image of the cruciform “hooded man,” which has become an iconic and indelible representation of prison torture since its initial publication by the New York Times in 2006.
It is tempting to think of prison torture as a consequence of war, a crime committed by a tiny handful of sadistic individuals. But the grim truth is that the mistreatment of prisoners isn’t confined to war-torn backdrops — it happens right here in the United States, including Utah, on a daily basis. In this blog post, a Salt Lake City criminal defense lawyer will probe into a disturbing system where rampant abuse and neglect are more commonplace than most realize. People often think of prison abuse as coming from other inmates, but it also comes from prison staff, and victims often have difficulty reporting it. Even when abuse is reported, many cases are not investigated, and very little is done to prevent further abuse.
If you or a loved one was abused in prison or jail, call Overson & Bugden at (801) 758-2287 and get a free, private case review to begin.
Common Misconceptions About Sexual Abuse in Prison
Because abuse in jails or prisons happens away from the public eye, we tend to have scant details about how and why it happens. As such, misconceptions about prison abuse, particularly sexual abuse, are extremely common. These misconceptions often get in the way of any meaningful change that might provide relief for victims.
One big misconception is that abuse is perpetrated by prisoners against prisoners. While this is not wholly untrue, it is not the whole story. Prisoners abusing other prisoners happens, but so does abuse perpetrated by prison staff. Many cases of abuse are perpetrated by prison staff, including correctional officers, administrators, prison doctors, and even maintenance workers. Unfortunately, victims of abuse are often afraid to speak out about it. They fear retaliation from other inmates or from prison staff, which could be worse.
Misconceptions about sexuality also plague the prison system. Inmates are housed in facilities of the same gender. Male inmates will be housed with other male inmates and women with women. As such, much abuse tends to involve perpetrators and victims of the same sex. This is often a source of shame for many victims, making it even harder for them to report the abuse. Many would rather endure the abuse and try to forget about it once they are released.
There are also misconceptions about how the authorities handle prison sexual abuse. Many believe that when abuse in prison is reported, it is investigated and stopped. This is not the case for so many victims of sexual abuse in prison. Even when victims report abuse to guards or other members of the prison staff, they often do nothing about it. If any action is taken, it is often ineffective. Sometimes, when a prison staff member perpetrates abuse, prison officials would rather cover it up than investigate.
Rates of Sexual Abuse Against Prison Inmates
Prisons are associated with rape: that’s a simple, unpleasant fact. The unsavory link between rape and incarceration has leaked through the bars and into pop culture, becoming the subject of everything from acclaimed films (a notoriously brutal scene from American History X comes to mind), to crass jokes, to thesis papers, to statistical reports conducted by the federal government. Time and time again, the latter source, in particular, has presented some extremely alarming data.
Sexual Abuse Perpetrated by Inmates
According to data from the Bureau of Justice Statistics, a significant portion of sexual abuse perpetrated in jails and prisons occurs between inmates. According to data collected by the Bureau of Justice, between 2019 and 2020, there were a total of 36,264 reported allegations of sexual victimization in jails and prisons in the United States. The number of substantiated acts – meaning they were investigated and found to have occurred – of sexual victimization of an inmate by another inmate was 3,684.
This data includes nonconsensual sex acts, abusive sexual contact, and sexual harassment. The report goes on to say that of these substantiated cases, only 34% of victims in jails and 52% in prisons were provided with some sort of mental health counseling or treatment. Put another way, too many victims, even after their claims are substantiated, are not helped.
Sexual Abuse Perpetrated by Prison Staff
According to the same report from the Bureau of Justice, from 2019 to 2020, there were 1,408 substantiated incidents involving sexual abuse against inmates perpetrated by a staff member of a correctional facility. While this number appears much lower than the number for inmate-on-inmate abuse, we must remember that how these incidents are reported and investigated may differ based on who is the alleged perpetrator.
Inmates who are victimized by prison or jail staff members might feel more intimidated and less comfortable reporting the abuse. As such, there might be fewer reports, leading to fewer substantiated cases. However, this is one possible theory among many. However, the report also states that only 37.6% of cases involving staff-on-inmate abuse were reported by the victim, with the majority of reporting being done by others, such as other inmates or staff members who knew about the abuse.
What Kind of Prison Inmates Are More Likely to Face Sexual Abuse or Victimization?
Prison inmates represent numerous groups of people. Various demographics make up almost any prison or jail population. According to the report from the Bureau of Justice for 2019-2020, certain kinds of inmates experienced sexual abuse more often than others.
For example, the report states that among the total substantiated cases of inmate-on-inmate abuse, 69.5% of victims were male, 26.2% were female, and 4.3% were transgender or intersex. Not only that, but younger inmates tend to be more likely to be victimized. The report states that 22.9% of victims were 24 years old or younger. Meanwhile, only 8% of victims were between the ages of 40 and 44. The racial makeup of prison populations has always been a bit of a hot-button issue, and it is no different when talking about abuse. The report states that 65.1% of victims were white, 19.4% were black, 11.1% were Hispanic, and 4.3% represented other racial groups.
The numbers for staff-on-inmate abuse are somewhat similar. Generally, males, white inmates, and younger inmates experienced abuse more often.
Government Response to High Rates of Abuse in Jails and Prisons
But hasn’t something already been done? After all, back in September of 2003, Congress passed the Prison Rape Elimination Act, or PREA, to address this problem exactly. PREA mandates a “zero-tolerance” policy for sexual abuse, and according to the National PREA Resource Center, the badly needed act “supported major efforts in many state correctional, juvenile detention, community corrections, and jail systems.”
Jamie Fellner should know — she acted as a commissioner on the National Prison Rape Elimination Commission, which was created to help supplement PREA. But Fellner says, “Prison rape is not inevitable, but it is all too predictable when prison authorities fail to enforce a zero-tolerance policy on sexual abuse.”
The key part of that phrase: “when prison authorities fail to enforce a zero-tolerance policy on sexual abuse.”
In other words, PREA isn’t being enforced. And that’s according to one of its biggest proponents.
Utah isn’t innocent, either. In a notable case, (now former) Wasatch County Deputy Sheriff Christopher Epperson, aged 33, was indicted in 2011 by a federal grand jury on three counts of deprivation of civil rights. In 2012, two more counts were added, both of which related to sexual abuse. In 2009, Epperson sexually assaulted and attempted to rape a female prisoner. Worse still, Epperson’s victim alleged that other jail personnel had simply watched the incident unfold and failed to do anything.
Prisoner Neglect Leads to Multiple Deaths in County Jails
You would assume that toughened lifers housed in fortress-like federal facilities must be the worst off in terms of their living conditions — there’s no way a humble county jail could possibly “compete” with a barbed-wire supermax in terms of brutality and negligence.
That’s what you would assume, but you would be wrong.
In the summer of 2012, 22-year-old Michael Saffioti of Washington did not appear at a scheduled court date related to a marijuana misdemeanor charge. Following his failure to appear, Saffioti conscientiously turned himself in and was subsequently housed in Snohomish County Jail. Saffioti and his family never could have predicted that the jail would be his final resting place.
In terms of diet, Saffioti had always been fragile. In fact, his extreme allergy to dairy had earned him the nickname “Bubble Boy” from fellow inmates during a previous stay at Snohomish. In other words, he had a record at Snohomish, and jail personnel should have known about his debilitating food allergies.
Nonetheless, on the morning of July 3rd, Saffioti was given an oatmeal breakfast. He expressed concern over the meal, citing severe allergies, but his concerns were summarily dismissed, and the young man hesitantly began to pick at his food.
Less than an hour later, Saffioti was dead.
Everything about this incident deviates sharply from the acceptable standards of reasonable inmate care within the American jail and prison system. It becomes all the more infuriating when you consider the fact that there have already been eight deaths within the walls of Snohomish County Jail. The National Institute of Corrections reported that at Snohomish, “overcrowding in the jail has caused serious safety hazards.” For the families of the eight who have died because of abuse and negligent operating practices, the term “serious safety hazards” is perhaps an understatement.
Neglect of Incarcerated Inmates in Utah
Deaths have occurred at county jails in Utah as well. In August of 2010, Lindsey Goggin entered the Salt Lake County Jail. Like Saffioti, she would never leave.
When 25-year-old Goggin was initially booked, she stated that she was a regular heroin user. On average, she told the jail nurse, she’d been taking about two grams every day. If the drug in question had been marijuana, Goggin likely would have been fine — but heroin abuse, like alcohol abuse, causes brutal withdrawals when addicts quit “cold turkey.” At best, these withdrawals mean days of torturous physical side effects like nausea, vomiting, muscle aches, uncontrollable sweating, insomnia, diarrhea, and fever. At worst, withdrawal can kill. That’s why people who are trying to quit need to be monitored carefully by medical professionals, and part of the reason methadone clinics exist in the first place.
But despite her frank disclosure of a potentially fatal drug dependency, personnel at Salt Lake County failed to provide this monitoring.
“I can’t breath,” Goggin told medical staff. “I am throwing up, and my heart is beating out of my chest.” Goggin’s pleas continued for five days, and for five days, her increasingly desperate cries for help were ignored. Then, she was found not breathing in her cell.
She was pronounced dead at the hospital.
Following Goggin’s death, jail spokesperson Pamela Loftgreen made the following statement:
“We feel strongly that our staff acted appropriately in response to this incident, making every life-saving effort to prevent the unfortunate death of Ms. Goggin.”
How Abuse in Jails and Prisons Constitutes a Violation of Your Rights
People outside the criminal justice system often turn a blind eye to prison abuse. Some operate under the narrow-minded notion that people in prison or jail do not deserve sympathy or help when bad things happen, even if those things are illegal. In reality, prison abuse may be a violation of your constitutional rights. According to the Eighth Amendment, abuse or neglect in prison may be considered a form of cruel and unusual punishment, which is highly illegal.
While prison is not supposed to be a pleasant or comfortable experience, there are limits on what is permitted as far as punishment goes. When punishment within a prison or jail becomes grossly disproportionate to the crime or involves unnecessary pain or humiliation, it may be a legal violation.
The problem is especially bad when the abuse is so rampant that prison officials or even the courts do nothing to stop it. At that point, we might argue the government is complicit in these constitutional violations because it is aware of the abuse and chooses to do nothing to stop it.
Gathering Evidence of Abuse in Jails and Prisons
If you or someone you care about is being abused in jail or prison, talk to a lawyer about how to take legal action to help them. To get started, we must focus on collecting evidence to build a case. This can be very difficult, and holding authorities like correctional institutions accountable is often challenging. Even so, evidence might be out there, and we must show that your claims are not baseless if we expect anything to change.
First, we should consider talking to witnesses. Prisons and jails are very tight quarters, and it is hard to say or do anything without someone else watching or knowing about it. Perhaps other prison staff members know about the abuse. Maybe other inmates are also being abused and can back up your claims because the same things are happening to them. Even without hard physical evidence, testimonial evidence can be powerful and persuasive.
Another great source of evidence may be security camera videos. You can bet that nearly every inch of a prison or jail is monitored by security cameras. If the abuse happened almost anywhere inside a correctional facility, there is probably some security footage to prove it. Getting this footage is the hard part, as it is in the hands of the correctional facility. Even so, they should not be deleting footage.
If bodily fluids were exchanged, demand to have a rape kit immediately. If the prison staff refuses to help you or does not believe you, try to avoid showering until you can speak to your lawyer and demand a rape kit. Showering might wash away DNA evidence we need to prove that someone abused you. Additionally, a thorough medical exam should be conducted to check for possible injuries that might be consistent with abuse. A doctor can be extremely helpful in these kinds of cases.
Why Abused Prisoners Have a Hard Time Getting Help
Part of the reason that prison abuse and neglect are such serious problems is that victims have a very difficult time finding help. They are incarcerated and cannot leave. Prison staff members often do not believe inmates who say they are being abused, or they take active steps to silence victims and protect abusive staff members. Even if someone out there wants to help, it might be impossible to get evidence to back up your claims. If there is any hard evidence, there is a good chance it is in the hands of the prison staff and not the abused inmate. When abuse comes from other inmates, victims are often intimidated into staying silent and may be faced with threats of retribution if they report anything.
Who do you even call for help when the authorities are the ones abusing you? Often, when inmates report that they are being abused by prison or jail staff members, their cries for help are ignored. Even when there is evidence of the abuse, victims are asking the justice system (i.e., courts) to enforce the law against other members of the justice system (i.e., correctional facilities). To put it another way, victims might be in for an uphill battle.
What to Do if You or a Loved One Experiences Abuse in Jail or Prison
Contact an attorney immediately if you are being abused. This might be hard while incarcerated, but you must be allowed to call your attorney at some point. When you do, tell them everything. Try to gather evidence if any exists. Report the abuse to the authorities. Even if you think other members of the prison staff will not help, report the abuse. This puts the jail or prison on notice of the abuse. If they still do nothing to help you, we can at least highlight the fact that they knew about the abuse because you reported it.
It can be scary reporting this kind of abuse. The abuser is not just another person. They are an employee of the government and are likely going to be protected. However, even if the evidence to support your claims is scant, your story may encourage others to come forward. When a prison or jail staff member abuses an inmate, it is not unusual to find that they are abusing other inmates, too. You never know, maybe your story will reach the right ears and encourage other inmates to come forward. While your claims alone might not be enough to get justice, the voices of many current and former abuse victims might move mountains.
Call Our Criminal Defense Attorneys for Help with Your Case Now
If you or a loved one is in need of an experienced Salt Lake City criminal defense attorney, call Overson & Bugden at (801) 758-2287 for a confidential case evaluation.
