Bob Wiley Detention Facility Sexual Abuse Lawyers

The Sexual Abuse of Inmates at Prisons and Detention Facilities

Unfortunately, it is very common for prisoners to suffer sexual abuse at the hands of prison guards and prison staff as well as at the hands of other prisoners in the facility. Sexual abuse is a general term used to describe many different types of unwanted sexual contact. Examples of sexual abuse can include the following:

• Rape and attempted rape
• Sodomy
• Penetration with any foreign object or fingers
• Unwanted or forced kissing on the mouth, lips, or anywhere on the body
• Any touching, fondling, or groping
• Forcing the victim to perform or performing any sexual act, including oral sex
• Making sexual jokes or comments about the victim or to the victim
• Making the victim pose for explicit photos or videos
• And more

Examples of the Harm that Could Occur

The sexual assault of inmates can result in extensive physical, mental, and emotional injuries. Some examples of the harm that victims could suffer can include the following:

• Unwanted pregnancies
• Pregnancy-related complications
• Sexually transmitted infections
• Injuries to genitals
• Injuries to reproductive organs
• Fractures, lacerations, and other physical injuries caused by a struggle during the abuse
• Post-traumatic stress
• Anxiety
• Panic
• Fear
• Depression
• Social isolation
• Increased risk of self-harm
• Increased risk of substance abuse
• Problems forming normal relationships
• Problems with authority figures

Who is Liable for the Abuse that Occurs at Bob Wiley Detention Facility?

This is a very important question. Since the facility is run by the county sheriff’s department, the Tulare County Sheriff’s Department could face liability. This is because the operators of prisons and detention centers have the duty to keep all inmates safe during their detention – this includes keeping inmates safe from hazards represented by other inmates or prison staff.

To ensure that prison staff (including guards, officers, medical staff, and others) do not pose a threat to inmates, all prospective and existing staff must be subject to background checks, training, and supervision. In addition, these facilities must have the necessary policies and procedures in place regarding inmate sexual abuse; victims should be able to report their abuse, and the facility should thoroughly investigate all reports. In addition to investigating reports, it is important that the facility responds appropriately. For example, they could suspend staff during the investigation, put them on office duty, put them on administrative leave, etc. When the abuse occurs between inmates, the facility must still take reports seriously and investigate the situation. In addition, the facility may need to increase security, increase guard surveillance, separate inmates into different cells, transfer inmates to a different unit, or transfer inmates to a different facility, for example. The point is that these facilities have to do everything possible to identify and address abuse – and prevent further abuse from happening.

When these facilities fail to take action to prevent inmate abuse at the hands of either prison staff or other inmates, they can be sued and be found liable for all resulting harm.

Is Sexual Abuse in Prisons Considered Cruel and Unusual Punishment?

Yes, sexual abuse in prisons may be considered cruel and unusual punishment and, therefore, a violation of prisoners’ civil rights. Under the Eighth Amendment, specifically, prisoners are protected against cruel and unusual punishment, which extends to access to sufficient medical care, humane living conditions, and protection from violence by other inmates in the prison or by staff. This includes protection from sexual abuse.

If you were not protected from sexual abuse at the Bob Wiley Detention Facility, you might actually have the right to file a lawsuit for civil rights violation. For more information, please do not hesitate to reach out to our legal team as soon as possible.

How Long Do I Have to Sue?

All claims are subject to a statute of limitations or deadline to sue. If claimants do not file their claims on time, they can lose their right to sue entirely. In general, understanding the deadline that applies to sexual abuse claims can be very complex. The truth is that different deadlines could apply based on the details surrounding the claim.

For instance, for victims of adult sexual abuse that occurred on or after January 1, 2019, a 10-year deadline with a 3-year discovery rule may apply. However, in instances involving entities that covered up or attempted to cover up sexual assault, different deadlines may apply. For example, AB2777 provides an additional 3-year filing period for qualifying victims that were sexually abused on or after January 1, 2009; this window started on January 1, 2023 and ends on December 31, 2026.

However, it is important to note that government claims (claims involving government entities like the sheriff’s department) are normally subject to a six-month timeline.

To ensure that you know exactly how long you have to file your Bob Wiley Detention Facility sexual abuse lawsuit, contact us today.

Prison Sexual Abuse Lawyers at Downtown L.A. Law Group – We are Ready to Help You!

Here at our law firm, we have decades of experience and are ready to provide you with the guidance that you need to begin or continue your prison sexual abuse claim. Our team is not afraid to take on any entity to fight for the rights of our clients and ensure that we can get you the justice that you are owed. If you are ready to discuss the legal options available to you with our expert legal team, contact us today.

Free Case Reviews: to ensure that our legal expertise remains accessible to all, our team offers free case evaluations. These include free consultations and free second opinions. Whether you are looking to begin or continue your case, you can be certain that our team will provide you with all the information that you need to begin or continue your claim. We will answer all your questions, address all your concerns, and help you understand the legal options available to you. If you would like to schedule a free case review, contact us today.

Zero-Fee Guarantee: you will never be required to pay any upfront legal fees for any of our legal services. In addition, our team works on a strict contingency structure, so our clients will not be responsible for paying any upfront legal fees if they do not win.

Contact us today to learn more about how our team can help you with your prison sexual abuse lawsuit.

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