On January 5, 2011 the U.S. Court of Appeals in the Ninth District reversed a ruling by the Arizona District Court. The Ninth Circuit, which includes the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington, released an en banc opinion that concluded when a female cadet touched the thighs, buttocks, and genital regions of a male inmate while other officers looked on, the search was unreasonable, and violated the Fourth Amendment. Just Detention International, a human rights organization that works to end sexual abuse in prisons, jails and all other areas of detention, served as amicus curiae, or “friend of the court,” in Byrd v. Maricopa County Sheriff’s Department.
When it reversed the Arizona District Court’s ruling, the Ninth Circuit allowed that there is a connection between cross-gender searches and sexual abuse. JDI Senior Program Director Melissa Rothstein stated, “This is an important decision, as cross-gender searches of male detainees rarely are recognized as a serious problem even though they are directly linked to sexual abuse. As the Court notes, everyone has the right to personal dignity, regardless of gender and custody status. The decision in Byrd underscores the need to limit intrusive cross-gender searches, particularly in non-emergency situations.”
In male institutions, the Bureau of Justice Statistics reports, the majority of sexual abuse against prisoners is committed by female staff. But, incidents of sexual abuse by staff is not limited to male facilities. Female prisoners are also victims of sexual abuse by male staff members, as JDI, has reported. The National Prison Rape Elimination Commission was created in response to allegations of wide-spread sexual abuse in America’s detention centers. The standards set by the Commission prohibit cross-gender searches in situations that are not emergencies.
Source: Just Detention International
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