A Kentucky prison guard was arrested Tuesday after allegedly sexually assaulting an inmate at the Kentucky Correctional Institution for Women in Pewee Valley, Kentucky. The guard has been charged with first degree sexual assault and official misconduct.
When a Kentucky inmate is sexually assaulted by a guard or other prison staff, prison officials may have violated the inmate’s civil rights, committed assault or battery, or acted negligently. To prove a civil rights violation, the inmate must show that the guard acted with a wanton state of mind. Because there is no legitimate purpose for sexual abuse, it is likely the abuser will be found to have acted wantonly. Similarly, a guard who sexually abuses an inmate will likely be found to have committed assault or battery.
To prove that the guard’s supervisors violated the inmate’s civil rights, the inmate must show that those supervisors knew of a risk to the inmate and disregarded it. That risk can be a particular danger to the inmate who was sexually assaulted or the result of prison conditions and practices that are dangers to all inmates or to a specific group of inmates.
To prove that the guard’s supervisors were negligent, the inmate must show that prison officials failed to exercise ordinary care to prevent a sexual assault that was reasonably foreseeable.
Inmates who have been sexually abused may need medical attention or psychological counseling. If an inmate is denied seriously needed medical care after a sexual assault, prison officials may have violated the inmate’s civil rights if they knew of the inmate’s serious medical need and failed to provide the needed medical care.
If you or a loved one has been injured as a result of sexual assault by staff at a Kentucky jail or Kentucky prison, Craig Henry PLC offers a free consultation to discuss your situation and advise you of your legal options.