Understanding Settlements for a Sexual Assault in Prison Case

Sexual assault in prison is a pervasive and devastating problem that leaves victims feeling powerless, humiliated, and deeply traumatized.

Western Washington University compiled data revealing over 24,000 allegations of physical and sexual assault endured by inmates in a single year. Among substantiated cases supported by additional evidence, 42% were attributed to prison staff, however inmate-on-inmate assault is also prevalent.

Physical sexual assault involves unwanted touching and groping, forced sexual acts, penetration, and rape. Additionally, trauma from sexual assault can significantly impact a victim’s mental and physical well-being, leading to long-term health issues.

Experienced New York prison sexual assault lawyers can provide the guidance and support needed to navigate these cases.

Jacob Fuchsberg Law Firm Obtains Historic Prison Sexual Assault Settlement

In 2022, Jaehyun Oh represented three incarcerated women who were sexually assaulted by a correctional officer at the now-closed Manhattan Correctional Center in New York. The lawsuit was brought forward against both the correctional officer who perpetuated the abuse but also against the United States Federal Government for failing to take action against the abuse. In a historic decision, the case was settled for $3 million, which is the largest settlement nationwide awarded against the Federal Bureau of Prisons in cases involving inmate sexual assault.

Following the groundbreaking settlement, Jaehyun Oh and one of the plaintiffs, Carolyn Richardson were invited to testify in Congress regarding sexual abuse against female inmates. Less than two weeks after the testimony was delivered, the United States signed the Prison Camera Reform Act into law, which sought to eliminate blind spots in prison that put women at risk.

Currently, Jaehyun Oh is representing hundreds of incarcerated women who were victims of correctional officer sexual assault across the country. She has also participated in nationwide reform efforts to increase resources available to incarcerated survivors of sexual assault.

Sexual Assault in Prison: Prison Rape Elimination Act

Sexual contact between an officer and an inmate is prohibited in prisons and detention centers because correctional officers maintain a substantial amount of power over an inmate’s daily life. The Prison Rape Elimination Act (PREA) requires federal, state, and local correctional systems to have a zero-tolerance policy regarding sexual abuse in prison.

However, due to the lack of proper supervision, prisons throughout the United States have come under investigation for rampant reports of correctional officer sexual assault against inmates. As a result of the lack of proper supervision, thousands of incarcerated men and women have wrongfully been put at risk of experiencing sexual assault.

Prison Sexual Assault Damages You Can Claim

Sexual assault in prison can manifest in various forms, each causing significant harm to the victim:

• Unwanted physical contact: Any form of non-consensual physical contact, such as groping, grabbing, or touching any part of the victim's body without their permission.
• Physical assault: The use of physical force or violence to carry out a sexual act upon the victim.
• Rape: Nonconsensual sexual intercourse or penetration.

Sexual assault can cause a range of long-lasting physical and mental health problems that can be claimed as damages. At the Jacob Fuchsberg Law Firm, we understand the complexities of processing a sexual assault on top of the trauma associated with incarceration. Victims may experience:

• Physical injuries: Permanent disabilities or lasting health problems that arise as a result of the trauma can significantly impact the day-to-day life of a victim.
• Post-traumatic stress disorder (PTSD): Flashbacks, nightmares, and severe anxiety triggered by the assault.
• Depression and anxiety: Feelings of hopelessness, isolation, and fear.
• Difficulty with trust and relationships: Struggles to form healthy relationships due to the trauma experienced.

These psychological and emotional effects can significantly impair a victim's ability to reintegrate into society after release from prison.

Challenges Faced by Incarcerated Victims Pursuing Legal Action

Survivors of prison sexual assault encounter numerous formidable challenges when seeking settlements for the injustices they've endured:

• Fear of retaliation: Victims often fear retaliation from their assaulters or prison staff, discouraging them from coming forward.
• Limited access to legal resources: Incarcerated individuals face barriers in accessing legal representation and resources crucial for pursuing claims.
• Psychological trauma and stigma: Survivors grapple with the trauma of assault and the stigma associated with being a victim, making it difficult to seek justice.

Despite these challenges, survivors deserve support, restitution, and legal advocacy as they pursue settlements.

What Can Your Prison Sexual Assault Claim Cover?

Beyond the emotional toll and the barriers to justice, the financial impact of sexual assault on incarcerated individuals can be devastating. Fortunately, a prison sexual assault claim can address a wide range of these costs, providing essential financial support for survivors as they navigate the path to healing.

Here's what such a claim can encompass:

• Emergency medical expenses: Immediate medical care following the incident, such as treatment for injuries.
• Pain and suffering: Physical and emotional pain endured by survivors.
• Therapy and counseling costs: Therapeutic interventions to address the psychological aftermath of the assault, like PTSD, anxiety, and depression.
• Legal fees: Fees for skilled attorneys who advocate for victims' rights.
• Lost wages: If the assault resulted in lost work opportunities or a diminished ability to earn a living.
• Punitive damages: In some cases, courts may award punitive damages to punish the perpetrator or institution for egregious conduct.

These elements aim to alleviate the burdens placed on survivors, offering them a path toward recovery and justice.

Statute of Limitations for Inmate Sexual Assault

Statutes of limitations determine the timeframe within which victims can file lawsuits. These limitations vary by state, but generally, victims have a limited number of years from the date of the last incident to file a claim.

Although statutes of limitations determine the timeframe within which victims can file lawsuits, it is important to note that city, county, state, and federal facilities require additional notice if you intend to seek monetary damages in a lawsuit brought against a government agency.

For facilities run by the Federal Bureau of Prisons, claimants must file a Standard Form 95, also known as SF-95, within 2 years of the incident. However, for city, county, and state facilities the timeline to file a notice can vary from 90 days to 1 year and 90 days depending on the state.