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Unconstitutional Searches in Maricopa County

published January 11, 2011

By Author - LawCrossing
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01/11/11

A San Francisco federal appeals court ruled this week that female guards who strip search male prisoners is unconstitutional. The 9th U.S. Court of Appeals said female to male, or cross gender, searches at one of Maricopa County's jails was both ''humiliating'' and trampled over a prisoner's rights. The suit had already been dismissed by a lower court in 2009.

This begs the question: Are concerns about female guards searching male inmates legitimate? Considering male guards do not search female inmates, it certainly is realistic. Many say, ''Where's the problem with a woman searching you?'' Odds are, however, this person has likely never been arrested and had to face that situation. Ah - but there are far more serious considerations that have never entered the minds of most folks - until recently.

Sexual assault behind bars is nothing new. It's one of the most devastating and traumatic events anyone could ever suffer - and it's on the rise in jails and prisons across the nation. The Bureau of Justice Statistics releases an annual list of prisons with the highest rate of sexual abuse. Five of the top ten are located in Texas, including the number one prison with the highest alleged sexual assaults, The Estelle Unit, located in Huntsville, Texas. Now, though, there are other troubling statistics beginning to emerge. Turns out a full 62% of sexual abuse cases in county jails around the country are allegedly committed by female guards. While those in the legal profession agree that it's difficult to ascertain specific and accurate numbers, most also agree that the statistics are indicative of the growing problem. Men are hesitant, and one would have to assume especially men who are in jail or prison, to come forward and report sexual abuse or rape by a woman. Those in prison are already vulnerable and to report abuse would certainly jeopardize their safety from all aspects.

Suddenly, the federal appeals court's ruling takes on a new importance, right? The tragedy is that despite rulings from courts around the nation, prison rapes continue to rise, regardless of the sex or sexual orientation of both the victims and accused. The realization that many of the accused are women makes this an especially troublesome situation.

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