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Join the fight with us against sexual abuse and molestation of
women in prison! The Washington Department of Corrections
(DOC) PREA (Prison Rape Elimination Act) Policy 490.860…"not only
fails to protect all women prisoners at WCCW (Washington Corrections
Center for Women) from sexual assault or misconduct, which the policy
is supposed to do, but because its approach
institutionalizes retaliation for
reporting, it places all women prisoners at
risk; their bodies will be violated with impunity."
DOC PREA Policy “effectively neuters the entire effort of PREA
and its policies to stop rape and sexual abuse of inmates in our
prisons. The central legal issue is that DOC PREA Policy is facially
unlawful and is in conflict with RCW 4.24.510 (which grants civil
immunity for having made such a complaint) and conflicts with
Petitioner's due process rights under the Federal and State constitutions.”
"As a practical matter, men are not sexually molested by
correctional officers as often as women, but it does happen, so if
we win and get the policy struck, it will help male prisoners too."
The Washington State Supreme Court has accepted the case
(Case #97232-0) and is in a position to stop these risks and
dangers to prisoners. Join the fight to stop this
egregious assault on women through unlawful and retaliatory policies.
“Whatever their offenses, their punishment does not include sexual
molestation and intimidation, nor retaliation for seeking to have
their bodies left alone.”
Note: All quotations are by James Lobsenz, the Petitioner’s
appellate attorney for the last three years, and are taken from his
reply brief page 20. (The original action can be found here.)
Legal Voice (www.legalvoice.org), Columbia Legal Services (www.columbialegal.org) and the ACLU have filed amicus briefs in support of this petition. View their recent joint brief here.
This case is going to move forward very quickly. The following is a description of the timeline:
- July 31, 2019: Parties to agree on the facts and documents of the case
- Aug 30, 2019: Deadline for filing Petitioner's opening brief
- Sept 30, 2019: Deadline for Respondent's brief
- October 30, 2019: Deadline for Petitioner's reply brief
- January 29, 2020: Review for reconsideration
- March 5, 2020: Full nine Justice panel review; majority of five needed for acceptance
We had expected to be on the docket for oral arguments in December or January. For an explanation as to why that didn't happen, see story update #2, from November 27th.
Along with our Motion to Modify the Commissioner's ruling, which will be reviewed by a panel of five WA Supreme Court Judges on January 29th, we have filed a motion for an accelerated briefing schedule. So a decision on this case could still be reached by sometime this spring, 2020.
If a favorable decision is handed down, and we are awarded attorney's fees and expenses, we will receive the funds approximately 30 days later. In that case, contributions to this campaign will be refunded in the same measure as they are granted.
We expect costs to be around $20,000 per month for the filing period, for an estimated total of $125,000.
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