Week 3 Discussion

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Apr 30, 2024

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Alexandra F. Human Exploitation Week 2 ● Should sexual assaults that occur within an established institution; such as, the military or a correctional institution be treated any differently than it is treated in society? Choose a particular type of institution and discuss how sexual assaults are being addressed within institutions and what you believe needs to be changed in how they are addressed. Please cite examples in your answer. Institutional sexual assault is defined as sexual abuse that occurs in jails, hospitals, and colleges. This term refers to any unwelcome or nonconsensual physical contact between two people who are receiving care or supervision from an institution. This can apply to both inappropriate contact and rape. Sexual assaults committed within established institutions such as the military or a correctional facility should be treated differently than they are in society, with a harsher penalty if applied. In the 2003 Prison Rape Elimination Act (PREA), Congress said that at least 13% of American prisoners had been sexually assaulted while confined, with many of those convicts having undergone several incidents of sexual abuse. In reaction to this disturbing figure, Congress unanimously passed PREA and signed it into law. Its mission is to prevent and resolve sexual abuse in all sorts of incarceration settings, including adult prisons and jails, lockups, community confinement centers, and juvenile confinement units (National PREA Resource Center. 2024, March 22). According to Manchester and Associates, individuals listed in the law as potentially committing this offense include Department of Corrections and other correctional authority employees, juvenile detention facilities operated by the state or county, youth development centers, youth forestry camps, group homes, or other residential facilities serving youth, and mental health facilities. Employees at any of these facilities who have sex with inmates, patients, or residents may face charges of institutional sexual assault. Personnel at these institutions may face ISA charges if they have sexual contact with any of the facility's convicts, patients, or residents. Institutional sexual assault is penalized by up to seven years of imprisonment or prison, as well as fines ranging from $2,500 to $15,000 (Manchester and Associates. 2020, January 6). In a 2018 case, Attorney General Josh Shapiro said that seven current and former correctional guards would face felony charges for exploiting their positions of power to compel and subjugate female detainees. This action contributed to the jail's long-standing, pervasive culture of sexual violence and abuse. The charges center on ten-year-old allegations of institutionalized sexual abuse of female captives at Lackawanna County Prison (PA Office of Attorney General. (2018, February 15). Sexual assault at this institution was neglected and improperly addressed, with 10 years' worth of allegations accumulating over the prison's history, demonstrating a lack of proper execution of safety standards to protect prisoners from institutional sexual assault. I understand that the victims may have been afraid to speak up or were forced to keep the assault quiet for other reasons, but if the institution provides adequate assistance and a safe environment for victims to feel safe speaking up, many long-term abuses at Lackawanna County Prison and other institutions could have been avoided.
Alexandra F. Human Exploitation Week 2 Resources: National PREA Resource Center. (2024, March 22). Prison Rape Elimination Act . PREA. https://www.prearesourcecenter.org/ Grewal Law PLLC. (2023, July 17). What is institutional sexual assault? https://www.4grewallaw.com/blog/2023/july/what-is-institutional-sexual-assault-/ #:~:text=Institutional%20sexual%20assault%20is%20a,from%20inappropriate%20touching %20to%20rape. Manchester and Associates. (2020, January 6). What is institutional sexual assault and its punishments?: Pa legal blog. https://www.manchesterandassociates.com/institutional-sexual- assault-punishments/ PA Office of Attorney General . (2018, February 15). Attorney general Shapiro announces charges against seven Lackawanna County Prison Guards after year-long investigation into institutional sexual assaults at prison. Pennsylvania Office of Attorney General. https://www.attorneygeneral.gov/taking-action/attorney-general-shapiro-announces-charges- against-seven-lackawanna-county-prison-guards-after-year-long-investigation-into-institutional- sexual-assaults-at-prison/#:~:text=DUNMORE%20%E2%80%94%20Attorney%20General %20Josh%20Shapiro,and%20assault%20at%20the%20prison Word Count 529
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