A Boston federal judge has ruled in favor of a woman retaining her $73,000 personal injury award, for allegations that a prison guard coerced her into almost 100 sexual trysts while she was serving time, as reported by Courthouse News.
The jury award was made for damages stemming from allegations that a former South Middlesex Correctional Center guard, M.B., inflicted emotional distress and cruel and unusual punishment on one of his female inmates.
M.B. was convicted of sexual relations with an inmate- a crime in Massachusetts.
Misconduct between guards and inmates was reported by inmates in May of 2003 but the prison allegedly didn't put a stop to it until July 2004 - that is when M.B. was suspended from his job.
Court records show that for his alleged 50 to 100 sexual encounters with the victim and then-inmate, C.C., he was jailed in Framingham, Ma. The incidents took place over a one-year span.
After her release, C.C. filed charges against the prison officials and M.B., citing a section 1983 civil rights suit.
Prison superintendent K.R. was cited as liable for violating C.C.'s Eighth Amendment rights - but the violation was not willful.
Both the prison superintendent and M.B. argued that the evidence was not sufficient. They stated that the sex between M.B. and C.C. was consensual and therefore not in violation.
In upholding the jury's decision, U.S. District Judge Nancy Gertner rejected their motion.
Gertner wrote in her decision, "Sex in prison is a complex and risky phenomenon. 'Consent' is not easy to determine amidst the power dynamics between male captors and female inmates. The analysis is contextual - and for the fact finder.
Where, as here, the 'relationship' between this inmate and her captor took place over the course of a year, where virtually every encounter was one sided female-on-male fellatio, where he sometimes woke her up the middle of the night to 'service' him, the jury could reasonably find that the conduct rose to the level required to constitute a violation of the Eighth Amendment."
In the ruling it further states: "He confessed to her that he was abusing his authority and taking advantage of her. He knew of her personal background, and yet he engaged in this conduct anyway. Like many female inmates, (C.C.) was a victim of sexual abuse both as a child and as an adult."
Massachusetts Corrections Department Commissioner Kathleen Dennehy said that guard-inmate sex "creates victims" and "compromises staff". She also stated that it brings "complete disrespect and dishonor to a profession" and "creates a sense and a perception of unfairness in the eyes of other offenders."
C.C. wrote in her statement: "I wanted it to end. I didn't know how to stop it. I wanted it to end because it was very clear to me I was being used. Like I said it was maybe five times that we had intercourse out of 100 times that I gave him oral sex. There's nothing, that's not a relationship, that's being used. It's being degraded. It's dirty. It's not what I wanted. I am very ashamed."
Being a victim of abuse, whether incarcerated or not, is grounds for a personal injury lawsuit. Click her to contact a personal injury lawyer from our directory of professionals.