George's Note: I sent this off to key Senators in the Criminal Justice Committee and Representatives in the Criminal Justice Subcommittee, Judiciary Committee, and Justice Appropriations Subcommittee.
Concerns and Solutions Regarding
Sexual Abuse Investigations in the Florida Department of Corrections
In both SB
7020 and HB 7131, it is laudable that inspectors who conduct sexual abuse
investigations are to receive specialized training. However, in both versions
there are a host of contingencies that remain unaddressed.
In our
communities, the prosecution of sexual abuse cases where rape has been alleged
are fraught with difficulties. Prison rape cases present especially challenging
conditions where protocols from outside sources may provide guidance.
Legislation
regarding sexual abuse investigations must be explored in detail and written
word for word into the law. The Florida Department of Corrections cannot be
trusted to develop its own rape investigation protocols. And how will the DOC
notify inmates what new protocols are in place and how they will work?
Although
the following concerns focus on rape, other types of sexual abuse
investigations may derive guidance as well.
Timely Investigation
Rape
investigations are time sensitive. Investigations and evidence collection via
rape kits must be conducted within 120 hours. FL DOC policy provides a Six Month period in which an
investigation may be commenced. This is
unacceptable. I know of a male inmate, awaiting a rape investigation, who has
been in administrative confinement for nearly three months - he has yet to meet
with an investigator. In addition, he is being treated as if he is a
disciplinary case complete with taunting and withholding of books and commissary.
Gender of Investigator
From the
moment an inmate reports a rape, time is of the essence. An investigator must
be assigned immediately. The gender of the victim must be considered when
assigning an investigator. A female inmate must be paired with a female
investigator. Likewise, male victim - male investigator.
Rape Kit Provision and Testing
Rape Kits
must be available onsite in the medical sections of all prisons in Florida . Doctors and trained
medical personnel must respond immediately to requests to do pelvic exams and
rape kits. The kits themselves must be tested in a timely manner to insure that
the DNA evidence meets prosecutorial standards. Custody of rape evidence must
not be left to chance - there must be clear guidelines regarding its possession
and storage.
Final Thoughts
These are
just a few concerns I hope Senators and Representatives will take into
consideration when drafting prison reform legislation. I encourage lawmakers to
reach out to sexual abuse experts in our communities to insure that prison rape
cases be handled in the most expeditious and humane way possible.
Resources
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George Mallinckrodt