FFUP PREA REPORT (Prison Rape Eliminsation Act) and How it doesn't Work in WIsconsin
There will be much more coming here-Why Prisoners say "PREA a Joke": first explanation is here.
Forum for
Understanding Prison (FFUP)
a 501c3 Non profit
To all
concerned
July 19,
2016, (Updated August 18th)
Re: Rapes in our
Maximum Prisons and the
ll
Dysfunction of PREA (Prison Rape Elimination ACT) in
Wisconsin Maximum Prisons
Hello,
I
write you about an important and upsetting matter. For months now I have been working with three
prisoners trying to get them care and to safety after two reported being raped
repeatedly by staff and another reported being victim of months of voyeurism,
again by a staff member. All were given
conduct reports and put in segregation. There were no rape exams or samples
taken or treatment given, the video tape in the voyeurism case was not admitted
as evidence, and all three ended in the segregation unit.
My purpose here is not to
prove the truth of the prisoners’ allegations but to let you know that, like most
prisoners claim, “PREA is a joke.” There is no way given to inmates in our
maximum prisons to prove their allegations especially if the assailants
/abusers are guards unless there is public and irrefutable evidence, i.e.
Witnesses or clear videos. Also, in order to go to court with their case, they
have to exhaust administrative remedies and that has been rendered nearly
impossible. I am committed to finding a way that ensures that all prisoners can
get real help when sexually abused.
Every new inmate gets a booklet on what to do in case of rape. There
seem to be two of them-one about 15pages and one much smaller. In appendix is
pasted the relevant parts of the longer one. There is an extensive section on
the sexual assault exam and protections to be give to the alleged victim. None
of this was done in the three cases I worked with: Here is the paragraph from
the longer pamphlet:
“ What to do if you are assaulted: If
you become a victim of a sexual assault, you should report it immediately
to staff that will offer you immediate protection from the assailant and
will refer you
for a medical examination and clinical assessment. Even though you may want to
clean up after the assault, it is important to see medical staff BEFORE you shower,
wash, drink,
eat, change clothing, or use the bathroom. Medical staff will examine you for injuries, which may or may not
be readily
apparent to you. They can also check you for sexually transmitted diseases and gather
any physical evidence of assault. The individuals who sexually abuse or assault offenders can only be
disciplined and/or prosecuted if the abuse is reported.
Understanding
the Investigation Process: Once the misconduct is
reported, the DOC and/or the appropriate law enforcement agency will conduct an
investigation. The purpose of the investigation is to determine the nature and
extent of the misconduct. You may be asked to give a statement
during the investigation.
If criminal charges are brought you may be asked to testify
during the criminal proceedings.
If allegations of misconduct are made against staff,
an investigation
will be initiated. If you have made allegations you may be moved
to a different unit or facility to protect the integrity of
the investigation. Separation from general population
and staff may be necessary to prevent interference with the investigation.
Counseling Programs for Victims of
Sexual Assault: Most people need
help to recover from the emotional effects of sexual assault. If you have been the
victim of an assault by offenders or staff,
counseling and/or advice from a psychologist, social worker or chaplain will be provided. Crisis
counseling, coping skills, suicide
prevention and mental health counseling are also available to you from outside agencies.”
In all the cases the investigation was done by DOC staff
,no medical exam was given , no evidence taken and no treatment or counseling
given. The victims were left in the hands of the same person(s) who assaulted
them and to this day receive much retaliation.
In my search for a pathway to safety if not
justice for inmate victims of rape by staff, I contacted many lawyers and filed
a restraining order (rejected) . I called several non profit organizations
whose mission is to work with rape victims and do work with prisoners. I talked
to the PREA head and later her coworker, and I talked to a rape investigator in
the local Sherriff’s department. All were proud of their work and passionate
about it. They did not know of the victims I named and said they only treat
inmates referred to them by the DOC. In the case of the investigator, he said
he had received no complaints from the victims I named.
A working hotline is important as in order to
get forensic evidence of rape, testing and sample taking has to be done within
72 hours of the alleged incident.. I was given a 888and 777 number and told
that one went to the DOC which took a tape and one was independent with an
operator. I gave the numbers to the men I was working with and gave the
directions to call at next incident. All three used the numbers to call and
heard nothing more. The 75 year old man I am trying to help reported to me he
was gut punched by a guard shortly after he left the message..I then called ----and was told that both phones were tapes
and each report was anonymously investigated and the inmate was not told about
it. So again, here are investigations without any taking of evidence or even
talking with the victim. I was told it was for the victim’s safety but instead
it leaves the victim with no support and completely exposed to all the retaliation
his accused assailant can muster.
But I got greatest insight whenever I
tried to assert that these inmate
deserved to be tested, that they have no way to prove their allegations without
testing and there is no relief for them from the abuse the DOC decides they are
lying. Retaliation is severe for these folks. I asked if there was a way we
could experiment with an alternate reporting method where we could test inmates
in a timely manner, perhaps experiment with these three prisoners and having
them call me to report abuse and research how to get the men tested. I found
that the prejudice against inmates is deep-What I hear is that prisoners get
better than most citizens and are too dangerous to transport to test. Complete
faith in the DOC was a hallmark in all I talked to.
So with the present setup
these guys get no treatment or care or possibility of verifying their stories.
Emotional trauma and physical wounds go untreated and they are left with the
people they fear most. Another horror is
trying to exhaust remedies so a lawsuit can proceed. This is worst at WCI.
Attempts to file complaints are thwarted by being told they have to first “work
it out with the CO” or finding some fault with the document, but mostly by
unrecorded threats and harassment by guards. This leaves the inmates more
isolated and terrified. There appears to be wholesale disappearing of records
and failure of guards to mail out complaints.
The newest twist in the “PREA is a joke” mantra I hear from inmates, is
the latest complaint form, enclosed. If you look at the back end you will see:
“ All sexual abuse and
sexual harassment complaints submitted to the ICRS shall be immediately
redirected and referred for a sexual abuse and / or sexual harassment investigation. -
The ICE will acknowledge your complaint with
an ICE Receipt, or return the complaint to you for correction or with further
instructions, within 5 working days of receiving your complaint submission.”
Now Madison does not get PREA violation complaints until they go
through prison staff. Door closed completely.
I am very aware that the
Wisconsin Center for Investigation articles (www.wisconsinwatch.org), using some of
my work and open records requests in 2014, uncovered dozens of assault and
battery complaints by inmates. Because the
DOJ (Department of Justice) came in with a preliminary investigation and there
were lawyers working on a class action, more victims came forth. In the end, however,
all possible help disappeared and
nothing was done except a few temporary cosmetic changes which only
lasted a few months, and now the same abusive guards run the show. These three
Sexual Assault victims are very brave to have come forward. The price is severe.
What am I after?
A.
In the short term, basically a way all inmates
complaining of sexual assault can get tested for evidence of rape within 72
hours of the incident; that they get treated and moved to another facility
while investigation is going on if they feel they are in danger.
B.
Long term- we need an independent investigative
body. To expect people to fairly evaluate their coworkers is absurd.
C.
Open records requests needed:
1)
A way to prove
inadequacy of DOC investigating its own staff- this would mean open
records requests to get training of investigators, method to get anecdotal evidence
of who works with who and who is related to who.
2)
Documents of exact methods use in investigating
these three cases and cases where claims of abuse were valid.
3)
Methods for getting forensic testing done in a timely
manner-all methods used by DOC plus other possibilities.
In sum: Find a way inmates can report
abuse independently and ways the receiver can get testing done. Possibly within
PREA- make basically an independent Investigative body to do initial
investigating of rape/sexual assault/harassment/voyeurism complaints and this
should include forensic testing and treatment, videos etc viewed BEFORE final
decision on validity of claim. This would be a start. It is absurd that this was not done in these
two cases or any of the rape cases reported in the 2014 Wisconsin Watch articles.
Finally, here are summations of three alleged sexual assault/harrasment
victims . I know there are many more victims but wisely stay quiet, afraid of
retaliation, and they see no relief happening to those who do report abuse. Those
that do report are made examples of by the abusing guards.
1)
Jim Smith (17901 WCI) is of most concern. He is
76 years old , frail and small. He was confused and did not know names or dates
when I first started working with him. I file a restraining order ( I do not
know the law-a beginner at this) with the Eastern District Court for him but
without any specifics it was dismissed. Jim
writes me every day he has stamps. I have a big box of blow by blow accounts of
his life.. Until about a month ago he alleged ongoing rapes by a gay guard and
sometimes other inmates and sometimes other guards join. His complaints have garnered
him severe retaliation and food and diabetic meds (a boost and snacks) are often
not delivered. The guards say he refuses his food and snacks or that he ate them.
I have written the Warden, nurses and tried to call. The last time the male
receptionist said” I don't talk to you” and directed me to head of nursing, who
never returned my call. Also he has complained of rectal bleeding and now has
big lumps on his anus, which the nurse attests are “hereditary”. He needs good
care as is having chest pains and spells of dizziness and often is forced to go
without food. The main assailant has been gone a month now but Stg Moungey has
taken his place in making James’s like a
living hell . He opens the door to Jim’s cell and escorts other inmates in to
rape, beat and harass. Moungey seems to hold sway over other guards and sees
that Smith is lacking in food and all things while he is on duty. Lately Jim
Smith has been writing about a good nurse who sees he gets his food and
treatments when she is on duty. A good sign.
As I said, Jim was very
confused and his writings were difficult to read in the extreme when I first encountered
him. It took me awhile to come round to understand and believe him and I did
not keep the first documents. He has since become more focused. An ongoing
pattern has become clear however and I see that James is getting weaker and
weaker and will not last long without care, consistent food and freedom from harassment.
His letters are heartrending in the extreme. The staff looks the other way or
aid in the harassment although James does name caring, effective guards and
nurses and appreciates their caring. He was without shoes for a long time, and
one nurse got him some, for example. But most of the staff are helpless in this
situation.
2)B has recently been released from prison. He was raped in WCI, then
transferred to GBCI where he was also raped. This I wrote a few months ago:”He
is being harassed by the alleged assailant. For months he was awakened every
two hours in the night and was generally traumatized. He filed a suit in
Eastern District Court, trying to be moved, which is still pending, and is now too ill to proceed and will
probably file for an extension for he does get released from prison end of this
year. He has been suffering severe headaches, has mutiple mental health
problems which are aggravated now, and is terrified( this man is fighting other battles
putting this on eon hold)
3)C. I have lost touch with him and will write for
an update. Here is a sum from several months ago and I do not think any action
should be taken before I get an update. “He is fragile mentally and gets
himself constantly in corners. The incident here is allegedly a female guard
watched him do his showering for months, seeing that he showered alone and
dismissing all requests to stop. Finally, Larry picked up a laundry basket and
thrust it in the window through which she was viewing him. Afraid she would get
into trouble, She filed a CR alleging he “came on to her” ( my words in sum) .
Larry says there was a video which they refused to view. This man needs help
and his mental health needs should preclude other considerations. As with James Smith, he is unable to exhaust
remedies to make his way to the court. “
Again, I am not accusing guards at this point. The matter of importance here is that there
is no way a prisoner in the maximum prisons I have been dealing with can prove
his story or get anything but retaliation if he reports abuse by staff. A true working hotline must be set up, along
with an independent investigation team.
Derrick and Larry are both mentally ill and in dire need of good care,
regardless of the truth of their allegations-they need treatment .And I plead
with you particularly for Jim Smith as he is dying on my watch.
Possible help for him:
1)
forensic testing in a timely manner when he
complains of an assault- The Dodge County PREA
investigator told me they could only investigate a prisoners recommended
by the prison- prisoners say that is
false. We could have Jim Smith call me as an experiment-but who can test Jim
Smith?
2)
MOVE TO WSPF- he would be safe there and they have
space.
3)
Jim says he asked for a compatible roommate on
his PREA form and I seconded his request to PREA by email. This was probably in
June. Neither of us got a response but a
COMPATIBLE,
roommate would be a witness and would deter the abuse.
I thank you for reading this>
Peg Swan
608-536-3993
Comments
Post a Comment