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Victims of sexual assault at Bayview Correctional Facility may finally seek justice and collect compensation!

Victims of sexual assault at Bayview Correctional Facility may finally seek justice and collect compensation!

To qualify, victims must have:

  • Been incarcerated at Bayview Correctional Facility in New York at 18 or older
  • Endured sexual abuse while incarcerated at Bayview Correctional Facility at age 18 or older
  • Not already filed an abuse claim
  • Not already hired legal representation

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Details of alleged sexual abuse at Bayview Correctional Facility in New York

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The conditions at the Bayview Correctional Facility, a medium-security institution for women in New York City, were examined to gain a sense of how women are treated in the State correctional system.

Some of the findings included that although male guards predominate, the history of sexual abuse at Bayview indicates the need for the use of only female correctional officers in the housing areas and medical unit.

Under state law, inmates cannot give consent to sex and any sexual intercourse behind bars is considered rape.

In April 2011, New York State correction officials testified before a federal panel about inmate allegations of sexual abuse by prison guards at Bayview Correctional Facility in New York.

The state corrections commissioner, Brian Fischer, explained that: “The history of preventing sexual assault and prosecuting perpetrators in New York State’s prisons is characterized by our Department’s progressive and groundbreaking efforts to eliminate this unacceptable behavior.”

He added: “It is our Department’s firm commitment that all of our employees and offenders are always reminded that it is a fundamental right of all incarcerated persons to be free of the threat of physical violence and abuse of any type, including sexual abuse.”

Victims and their families are encouraged to request a free, private case evaluation from a qualified attorney as soon as possible, as victims only have until the end of 2022 to file a valid claim!

Details of justice and compensation for victims of abuse at Bayview Correctional Facility

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Because guards are given immense control over inmates’ lives and bodies, sexual abuse in prisons is a concern, making the relationships between those behind bars and those tasked with supervising them both complex and problematic.

According to a 2008-2009 federal survey, three out of 11 New York State correctional facilities found to have the highest rates of alleged inmate sexual abuse by prison staff were in the country.

Investigations have repeatedly demonstrated that prison officials frequently failed to forward inmates’ complaints of sexual abuse to the prison system’s inspector general, who is responsible for investigating such reports.

Also, New York State’s Department of Corrections did not refer workers for prosecution in 16 of the 44 incidents from 2005 through 2009 where the employees appear to have violated state statutes regarding sexual abuse of inmates.

Now, a New York state judge has ruled that a young upstate woman who was repeatedly raped and impregnated in a Manhattan prison by a correction officer is eligible to collect damages.

Court of Claims Judge Faviola Soto has found that the Department of Corrections [DOC] knew that Correction Officer James Ford Jr. had "a propensity to engage in criminal sexual acts" but did nothing to protect the 153 female inmates housed in the Bayview Correctional Facility.

The medium-security prison was closed in October 2012.

The team at Shield Legal Online believes that every victim of sexual abuse at Bayview Correctional Facility in New York should receive justice and compensation in a court of law – remember that victims only have until the end of 2022 to file a valid claim!

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