home

Colorado Prison Guard Sex Scandal Emerging

By Jeralyn, Section Misconduct
Posted on Sat Feb 26, 2005 at 12:13:57 PM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

Five male prison guards at a privately run female jail in Brush, Colorado are about to be charged with having sex with inmates and introducing contraband. I wrote about it on 5280.

Interesting that authorities have concluded the claims of sexual assault were false, and the sex was consensual. What's consensual in a situation like this?

< Reminder: Site Move Tonight | Server Move Complete >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    Colorado Prison Guard Sex Scandal Emerging | 23 comments (23 topical)
    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#1)
    by Talkleft Visitor on Sat Feb 26, 2005 at 02:15:07 PM EST
    Well, in the workplace there is, really, no such thing as consensual sex when there is a power differential. I would think that the same standards (at least!) would apply here. -C

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#2)
    by Talkleft Visitor on Sat Feb 26, 2005 at 03:03:39 PM EST
    Consensual means willing. If the women were willing, then it was consensual.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#3)
    by Talkleft Visitor on Sat Feb 26, 2005 at 03:39:42 PM EST
    So, eclaire, were you as undisturbed by Clinton's trysts with what's her name?

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#4)
    by Talkleft Visitor on Sat Feb 26, 2005 at 04:25:54 PM EST
    CA - Didn't bother me. Did it bother you?

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#5)
    by wishful on Sat Feb 26, 2005 at 05:14:45 PM EST
    Cliff is right. A prisoner is lawfully held in forcible restraint. A prisoner has no authority to refuse a guard's orders, nor to negotiate with guards. Guards have the responsibility to issue only lawful orders to prisoners. They are guilty, as are those whose job it is to oversee the guards, of illegal activity when they have inappropriate contact with prisoners. Consent of prisoners is wholly meaningless. It was referred to as institutional rape by the DA in Pittsburgh, when the prisoners were said to have "consented". That any "authority" concluded otherwise shows such a disregard for the rule of law that it indicates a society in decline. That her citizens are not outraged by this suggests a that the U.S. is becoming undeserving of true democracy, which requires eternal vigilance by all.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#6)
    by Talkleft Visitor on Sat Feb 26, 2005 at 05:27:41 PM EST
    Yes, it did bother me because there was too large a power differential in the relationship, because there was a third person - clinton's wife - who was perhaps unknowingly involved in the matter. But power is an aphrodisiac I am told. So just like rock stars, I suppose presidents can get laid easily. The ethical considerations that come with power should give folks pause. These guards should be aware that this was at least an ethical violation, if not a crime. Also, I suppose there's the issue that taxpayers were presumably paying the guards for the time that they were getting laid. I think you might get fired for that in some places and this seems like one of them. I suppose you will tell us the gals never had it so good, right? You are the prison guard's best friend.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#7)
    by Talkleft Visitor on Sat Feb 26, 2005 at 05:44:15 PM EST
    I am disturbed by a boss having sex with an underling (like Clinton/Lewinsky), but it goes beyond disturbing when we are talking about prisoners and guards. That is more than just a power imbalance. The guards have absolute control over the situation and the prisoners have no power, and so I really don't think they can give true consent.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#8)
    by Talkleft Visitor on Sat Feb 26, 2005 at 06:01:44 PM EST
    CA - Alas, I am long past my bragging days... but in my day.. I am impressed with your answer, even though it carries your usual snarkiness.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#9)
    by Talkleft Visitor on Sat Feb 26, 2005 at 06:18:31 PM EST
    One of those instances when we agree, Jim. Glad that happens occasionally.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#10)
    by cp on Sat Feb 26, 2005 at 07:09:21 PM EST
    a prisoner "consenting" to have sex with a guard is analogous to a slave "consenting" to have sex with the master, it is not possible. to even suggest otherwise shows that the only brain function left is the stem. there is huge difference between monica lewinsky, a free individual, able to leave of her own volition, initiating sex with the president, however gauche' that may be, and a prisoner, who has no freedom whatever, "consenting" to have sex with a guard. anyone who even attempts to equate the two situations is a complete, blithering idiot.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#11)
    by Talkleft Visitor on Sat Feb 26, 2005 at 09:16:58 PM EST
    C angel, You missed the point (as usual). If the sex was consensual, it wasn't rape. In order for your Clinton/Lewinsky analogy to be meaningful, we could discuss whether it was consensual. Anything else is a diversion. [Ed. Eclaire, please limit yourself to four comments a day.]

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#12)
    by Talkleft Visitor on Sat Feb 26, 2005 at 10:00:11 PM EST
    I think if there is violence involved, then it is more akind to sexual harrassment at the work place (the boss asked his underling to sleep with him or else). It is still ethically wrong and probably illegal but it is a different crime than sexual assault. Another example is blackmailing another into having sex. It is wrong and illegal but it is NOT rape.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#13)
    by Quaker in a Basement on Sun Feb 27, 2005 at 01:06:44 AM EST
    Why get bogged down in semantics? I don't think anyone suggested this was forcible rape. TL's question was "how could this be consensual?" For sex to be consensual, both parties must be able to consent freely. If you can't say "no," you can't give free consent.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#14)
    by Talkleft Visitor on Sun Feb 27, 2005 at 08:56:12 AM EST
    The question with these inmates as well as with Lewinsky is whether these folks were in a position to really give consent. Just like most states don't believe that persons under a certain age can give meaningful consent, I believe it can be argued that inmates cannot give meaningful consent to sexual activity with their guards. Sans consent, this is non-consensual sex which is commonly prosecuted as rape. I am talking about application and interpretation of legal concepts. This is a website having to do with the law and crime, right?

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#15)
    by Talkleft Visitor on Sun Feb 27, 2005 at 10:00:44 AM EST
    This is easily answered. Put yourself in the prisoners postition. If you say no then what? Are you beaten? Are you put in confinement? Will you be written up for the contraband the same guard gave you (because he knows you have it?) Have to wonder where some prisoners may do it as a favor for the contraband, then isnt is prostitution? Still a crime. Either way some have no choice but to say yes, isnt that a forced act of sex?

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#16)
    by kdog on Sun Feb 27, 2005 at 10:08:11 AM EST
    I'm of the opinion that this must be widespread. Inmates want favors from the guards, men want sex. I don't see how this behavior can be avoided.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#17)
    by Talkleft Visitor on Sun Feb 27, 2005 at 10:10:31 AM EST
    Just think about it from a prosecutor's point of view: These women were having sex with the guards to obtain contraband... Prostitution! Tack more years on!

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#18)
    by Talkleft Visitor on Sun Feb 27, 2005 at 01:46:14 PM EST
    IIRC, a Law and Order episode equated guard/prisoner sex with statutory rape: given the circumstances, consent is deemed to have been coerced.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#19)
    by Talkleft Visitor on Sun Feb 27, 2005 at 05:10:53 PM EST
    Talk Left, I apologize if I posted five times. I may have miscounted. On the "consensual sex" issue, my point was that it is possible for women inmates to have consensual sex with male guards. Many women kept in cells for months or years would greatly desire sex with a willing man. If the opportunity arose, there is no reason to express shock or dismay that women would willngly participate in sex with any available man. To suggest that this is non-consensual is rather silly. Now we all probably wondering "Why are we using male guards for female inmates?" It's a valid question. Nonetheless, my point was, and is, that it is very possible (even likely) that some of the sex could have been consensual. Against the rules? Sure. A crime? Problably. But still consensual.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#20)
    by Talkleft Visitor on Sun Feb 27, 2005 at 07:04:37 PM EST
    Just for the record, female guards/officers have sex with male prisoners/inmates, also. Where I work, if the allegations seem plausible the course of action would be: arrest, suspension, investigation, and if necessary, firing followed by charges. My office takes this type of charge seriously. As for "consensual," while it may seem harmless enough for both sides, there are downsides to such behavior. Smarter inmates who intentionally "fish" these officers know they now hold the cards, which can lead to blackmail, hostage situations, and escape attempts. It also diminishes authority on the guard/officer's part, which can be dangerous to ALL other officers and other uninvolved inmates. On the other hand, some of the prisoners/inmates willing to participate in this type of behavior hardly have the capacity to make insightful decisions concerning their actions, leading to forced sex/abuse by a guard/officer. The bottom line is that guards/officers are taught from day one that this behavior is never acceptable, and no Dept/Office should tolerate it.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#21)
    by Talkleft Visitor on Mon Feb 28, 2005 at 06:01:55 AM EST
    eclaire, do you believe it is possible for a 14 year old to have consensual sex? The law in the state where I live says no. A child may be willing and anxious, but the state has declared they have no ability to consent. It makes statutory rape a crime of strict liability. The intent or details of the act do not matter, a rape has occurred (more details, there has to be an age differential also). This is a law site. The point that is being made about this sexual activity between guards and inmates is analagous to sex by adult with children. I understand what you are saying about the intentions and desires of the inmates, I just feel that there can no true consent in this situation. Gurrl's analysis and points add to my sense that this has to be a crime or the basis for immediate firing and no rehire into these kind of jobs. These fired guards will probably then be working at your local daycare.

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#22)
    by Talkleft Visitor on Wed Mar 02, 2005 at 10:05:26 AM EST
    I was in this chaotic enviornment for almost a year and for anyone to have an opinion on any of us women whether we are/were inmates is out of hand. No one knows what happened in this facility except inmates and staff so any opinions are only that. The staff was unprofessional and full of prediters. I was a victim of 2 staff members and they were a Sgt. and a Lt. If you can't trust the shift commanders then who can you trust. The warden is a corrupt SOB. He was more concerned about hiding the issues so it didn't effect his pocket book and political status then he was about our saftey or sanity. So keep your doragatory opinions to yourselves!!

    Re: Colorado Prison Guard Sex Scandal Emerging (none / 0) (#23)
    by Talkleft Visitor on Sat Mar 12, 2005 at 12:59:34 PM EST
    How dare any of you say it was consentual. No one that has not walk in those girls shoes can say a word. I know for a fact that there is no consentual anything when it comes to guards and prisoners. When you are a prisoner you do what you are told. I agree consentual sex with a quard is analogous to a slave having sex with the master. If there was not DNA the state of Colorado and Hawaii would be denying the whole thing.

    Colorado Prison Guard Sex Scandal Emerging | 23 comments (23 topical)