Why isn't this Rape?

[uscsoldier]

PREA

What is PREA?
The Prison Rape Elimination Act (PREA) is a federal law that prohibits sexual misconduct in correctional settings such as prisons, jails, lockups, juvenile facilities, and Immigration Services ⁄ ICE detention facilities. Sexual misconduct under this law includes:

• Offender–on–offender sexual assault and abuse
• Staff–on–offender sexual misconduct (sexual⁄inappropriate relationships with offenders)
• Offender–on–offender and staff–on–offender sexual harassment

 

[NONAME762]

One would think the yahoos in DC could come up with better ideas for earning their pay?

 

[RicInOR]

Damn ! Pat, Pat, Pat.
I voted for this Sheriff.
Pat needs to step down until the investigation is complete. Then, appropriate actions can be taken.

Today's are allegations. They must be specific enough that an outside agency was brought in to investigate.

If true, they are enough evidence of an institutional problem that the department will need to clean house.
If false, how'd did it rise to the level to bring in Portland?

http://www.oregonlive.com/hillsboro...ashington_county_deputies.html#incart_m-rpt-1

 

[Jamie6.5]

While she shouldn't have been having sex with a willing inmate, it doesn't rise to the level of rape.
This was about sex, rape isn't.
Rape is about inflicting pain, and denigration through physical and emotional dominance.

Helping a straight guy willingly get his rocks off while he is incarcerated does not constitute rape.
As someone else said about "the willing,..."

And about that claim that there is no such thing as consensual sex in prison,...
It happens. And it happens a lot.

 

[NONAME762]

Am I reading this right? This is a men's incarceration facility staffed by female corretion officers?

Cuz if that's the case that's where I would like to be sent to.

I'm old but I ain't dead.

 

[MinnesotaORnewbie]

There is more to this story...A second female guard was also facing prison time for having sex with the same inmate. He is a 25 year old GANGBANGER, no pun intended. So what is really going on here at the Washington County jail.

 

[No_Regerts]

Any sexual contact between inmates and staff, contract staff or volunteers who have any custodial authority is rape by definition.

Custodial authority is the ability to adversely effect someone's length of custody, level of custody or access to privileges.

 

[Martini_Up]

Pat needs to step down until the investigation is complete. Then, appropriate actions can be taken.

Why?

He seems to be doing what he should do. It's not like he was named as party to the humping....

The April 17 letter described a work culture at the sheriff's office that allows widespread sexual harassment of female employees and alleged that agency leaders have done nothing to stop the behavior.

After receiving the letter, Sheriff Pat Garrett said the office would investigate the claims.

"Trust and integrity are paramount, and if anything happens to put that at risk, we will correct it," Garrett said in a statement Monday.

The sheriff's office last week asked the Portland Police Bureau to conduct an investigation because the letter's allegations were so serious, Ray said. The sheriff's office has not been in touch with the author, whose letter came from an email account under a name that matches no one in the agency.

 

[Jamie6.5]

Any sexual contact between inmates and staff, contract staff or volunteers who have any custodial authority is rape by definition.

Custodial authority is the ability to adversely effect someone's length of custody, level of custody or access to privileges.

Baloney.

Do you really believe the inmate refused consent?
Let's see, a straight male is incarcerated for a number of years, and has a chance to engage in heterosexual sex with a not altogether unattractive woman,...

Sorry Mr Regrets, but that's a no-brainer.

Definition:

Word Origin

noun
1.
unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

As someone with a brother that made the 3-time felony loser list, I can say with all certainty that the man was willing, and gave consent.
Which is why, while the woman is in jail, she's not there after being charged with, or convicted of, rape.

 

[No_Regerts]

Baloney.

Do you really believe the inmate refused consent?
Let's see, a straight male is incarcerated for a number of years, and has a chance to engage in heterosexual sex with a not altogether unattractive woman,...

Sorry Mr Regrets, but that's a no-brainer.

Definition:


As someone with a brother that made the 3-time felony loser list, I can say with all certainty that the man was willing, and gave consent.
Which is why, while the woman is in jail, she's not there after being charged with, or convicted of, rape.

The definition of custodial staff sexual misconduct doesn't change because you don't like it or because you don't think it makes sense. I don't agree with all of it but its not my job to make policy or law. however, as someone who has a direct role in enforcing that law and conducting fact finding investigations of staff misconduct, I'm very aware of it.

 

[Jamie6.5]

The definition of custodial staff sexual misconduct doesn't change because you don't like it or because you don't think it makes sense. I don't agree with all of it but its not my job to make policy or law. however, as someone who has a direct role in enforcing that law and conducting fact finding investigations of staff misconduct, I'm very aware of it.

Well if you have proof the "victim" was coerced, or otherwise forced, then by all means, present your case to the AG and the members here.
What I like or not like has no bearing on the case.

But I understand the human element of incarcerated males and their desires well enough to know that if the man was hetero, he was willing.
And if he hadn't consented, she'd have been charged with rape, and he'd be well on his way to having his sentence commuted because of her perceived "abuse."

 

[jrprich]

http://www.oregonlaws.org/ors/163.375

 

[No_Regerts]

http://www.oregonlaws.org/ors/163.452

 

[MinnesotaORnewbie]

Has anyone researched this? The same thug, known gang member did this with two, female, correction officers. Hello? Its not rape. This is a pretty stupid debate if you ask me.

 

[No_Regerts]

People in that line of work are told all of the time during training and meetings about what happens when you diddle an inmate. It is pounded into their heads all of the time. There is no excuse for it and the department opens itself to tremendous liability if it does not comply with the law. She made her bed and she will lay in it.

 

[RicInOR]

@Martini_Up

Because this appears to be institutional.
This time - enough suspend 3 deputies
At least 2 others involving inmates.

Like it or not, the Sheriff sets the tone, the expectations, what will be acceptable behaviour.
And this happened on his watch.

Now, it may turn out that the evidence shows no wrong doing in these most recent events.
Therefore, I am not calling for Pat to resign.
He showed wisdom it getting another agency to run this investigation.