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Second Enforcement Act

From Wikipedia, the free encyclopedia

Enforcement Act of 1871
Great Seal of the United States
Long titleAn Act to amend an Act approved May thirty-one, eighteen hundred and seventy, entitled "An Act to enforce the Rights of Citizens of the United States to vote in several States of this Union, and for other Purposes."
NicknamesCivil Rights Act of 1871, Second Ku Klux Klan Act
Enacted bythe 41st United States Congress
Citations
Statutes at Large16 Stat. 433–440
Codification
Acts amendedEnforcement Act of 1870
Legislative history

The Enforcement Act of 1871, sometimes called the Civil Rights Act of 1871 or the Second Ku Klux Klan Act, was a United States federal law. The act was the second of three Enforcement Acts passed by the United States Congress from 1870 to 1871 during the Reconstruction Era to combat attacks on the suffrage rights of African Americans from groups like the Ku Klux Klan.

Republican Representative John C. Churchill from New York introduced his bill H.R. 2634 in the 41st United States Congress. The bill was passed by Congress in February 1871 and signed into law by President Ulysses S. Grant on February 28, 1871.

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  • ✪ PREA: What You Need to Know

Transcription

JOE: So, my name is Joe. I am one of hundreds of thousands of people who are sexually abused every year in detention centers within our country. In 2008, I was sent to prison. I was not expecting to get raped. I thought I knew how to protect myself. [ Door closes ] I was wrong. I never expected to be raped. No one does. The rapes were completely destroying, emotionally, physically, in every way. I did report it. I know that not everyone feels safe enough to report it. But after multiple cries for help, I was finally given the help that I needed. I was one of the lucky ones. I'm here to tell you that sexual abuse can happen to anyone, but it doesn't have to. This video will go over information that can and will help you stay safe and how to get the help if you really need it. I know this is a difficult and awkward thing to talk about, but what you're about to hear is important information about your rights. So please pay very close attention. JOHNSON: Hello. I'm Captain John Johnson with the Miami-Dade County Corrections and Rehabilitation Department. And I'm pleased to be part of this project by the PREA Resource Center. SMITH: And I'm Boa Smith, a staff member at Just Detention International and a former inmate and PREA peer educator. In this video, Captain Johnson and I are gonna talk about your safety and your right to be free from sexual abuse. This is the law, and it's common sense, too. Sexual abuse is illegal anywhere, and it applies to incarcerated people, as well. The Prison Rape Elimination Act of 2003, or PREA, called for national standards to prevent, detect, and respond to sexual abuse in confinement. The final PREA national standards, which were released in 2012, apply to confinement settings, including the one you're in right now. JOHNSON: Shortly, we're gonna talk more about PREA, but first, let me talk about three key points that will come up a lot during this video. First, your facility has zero tolerance for any sexual abuse or harassment. That's inmate against inmate or staff against inmate. This means that no sexual abuse or harassment is tolerated ever. Second, anyone who is sexually abused has a right to report it privately and safely. And this facility offers many ways to make a report. Third, if you are abused, you can get assistance from the facility's medical and mental-health staff. You can also get assistance from trained rape-crisis counselors who work in the community at no cost to you. This care is available whether or not you file a report. Also, in this video, we're gonna use the term "inmate" to refer to anyone in confinement, including detainees and residents. McFARLANE: Let's talk some more about zero tolerance. What does it mean? Zero tolerance means that even one incident of sexual abuse is too many. Under PREA, every facility is required to have a written policy that clearly states that it does not tolerate sexual abuse and sexual harassment. And that means abuse by inmates, as well as by staff, as we've already discussed. We'll talk about definitions some more later on in the video. But zero tolerance is about more than just a written policy. It's about building a culture where sexual abuse and sexual harassment are simply not permitted. It means that inmates and staff understand what sexual abuse and harassment are and how to detect it. It means that inmates and staff are able to report safely, that perpetrators are held accountable, and that leadership takes every single case of sexual abuse and sexual harassment seriously. Bottom line, sexual abuse and sexual harassment are not tolerated at this facility. No matter what you may have done, sexual abuse and sexual harassment are not part of the penalty. JOHNSON: The PREA standards require all facilities to have policies and practices in place to keep inmates safe and to make it possible for them to get help if they've been sexually abused or harassed. Facilities must make housing decisions to keep inmates safe. If you are sexually abused, you can get free medical treatment and counseling. And remember, the standards cover inmate-against-inmate and staff-against-inmate sexual abuse. SMITH: So far, we've been using a lot of terms and phrases like sexual abuse, sexual harassment, sexual staff misconduct. But what's it all mean? And how's it different? So, here to help me is Matthew, a former inmate and PREA peer educator. MARCHETTA: If another inmate constantly makes comments about how your body's appearance is when you're undressing or taking a shower, that can be considered as sexual harassment. SMITH: Sexual harassment also includes insults or negative comments about someone's sexual orientation or their gender identity. MARCHETTA: If a staff member calls a transgender woman a he/she or makes rude or sexual comments about someone that's gay or someone whom they think is gay, that would definitely be considered sexual harassment. SMITH: Now let's move on to sexual abuse. Sexual abuse involves penetration of one person by another without consent. This includes penetration of any of your body parts by someone else's body parts or objects. But that's not all. Sexual abuse involves intentional touching either directly or through clothing of your private parts, but this excludes contact that's incidental during a physical altercation. Abusers can be inmates, staff, volunteers, or contractors. MARCHETTA: If your cell mate touches you while you're sleeping or if you're heavily sedated by any sort of medication, that would definitely be sexual abuse. SMITH: Abusers may trick, coerce, or pressure someone by threats of violence or other harm. MARCHETTA: When a new inmate arrives at a facility, they don't usually have money for commissary, or their money hasn't followed them from a previous institution. So, another inmate will offer to provide them with commissary or even tobacco as a favor, but then later on down the road, they'll demand payback. And knowing that you cannot pay with money, they'll demand sexual favors instead. SMITH: In addition, the law states that inmates cannot under any circumstances consent to any sexual activity with a staff member. So anytime that a staff member and an inmate engage in sexual activity, it is considered sexual abuse. It is illegal, even if an inmate thinks that it's a romantic relationship. MARCHETTA: During a pat search, if an officer presses his or her body up against you or touches you and makes comments about how your body feels, that would definitely be staff sexual misconduct. Also, there's something called voyeurism. Voyeurism is when a staff member invades your privacy by watching you shower or use the toilet or dress and undress when it's not part of their job duties. And because staff members should never undress in front of you, it is always staff sexual misconduct when a staff member exposes their private parts to you. SMITH: The legal term for agreeing to sexual activity is consent. If someone doesn't agree or is not able to agree because he or she is asleep, unconscious, drugged, afraid, or feeling threatened or really doesn't understand what's going on, then he or she has not consented. MARCHETTA: Because staff members have authority over inmates, sexual activity between a staff member and an inmate can never truly be consensual and is always against the law, even when the inmate thinks that they're consenting. While consensual sex between inmates is not sexual abuse and is not covered by PREA guidelines, it is also against institutional policy. SMITH: So, remember, abuse is something that is not agreed to. JOHNSON: I want to be clear about something. Sexual abuse is never the victim's fault, period. But it's important for us to discuss some commonsense things you can do to stay safe. Stay away from gambling, drugs, and alcohol. Contraband items and illegal activities can often be used to set up sexual abuse. Be careful about lending or borrowing anything. This is true with staff or other inmates. When a staff member gives you favors or breaks the rules for you, that should be a red flag. But what happens if you want to report an incident of sexual abuse? KREGG: I know that reporting sexual abuse isn't easy, and it can be really frightening. No one wants to talk about this. You might feel ashamed or embarrassed, and that can make it difficult to ask for help. You might be afraid because the abuser threatened you with what might happen if you tell. And it can be a big deal to be labeled a snitch. Many people who've been sexually abused are worried that they don't know what will happen if they report, and you might be afraid that no one will believe you. After going through something as traumatic as sexual abuse, it's a normal reaction to try and protect yourself. Some of the ways you might do that are by avoiding people or places, staying quiet, and keeping to yourself. We can't promise to know exactly what will happen if you report the abuse, but we can try to give you some idea. McFARLANE: As Christine just mentioned, deciding whether or not to make a report of sexual abuse or harassment is not an easy decision for anyone. Under the PREA standards, you have the right to report sexual abuse or harassment privately, through multiple channels, and without the threat of retaliation. You also have the right to receive free medical and mental healthcare after you make a report. Let's talk a little bit more about how to make a report. Anytime that you tell a staff member, contractor, or volunteer about sexual abuse or harassment, that is considered a formal report. Under the PREA standards, you do not have to use the standard formal grievance procedure to make a report. Again, the standards require that you would have multiple ways to do that. You might also feel more comfortable asking to speak with medical or mental-health staff and asking them for help in making a report. A family member, friend, or other person outside of the facility can also make a report for you. This is called a third-party report. This facility must have information for you that's always available through inmate handbooks, posters, and other written materials. You'll receive more information after the video about how to make a report both inside the facility and outside the facility. CONTRERAS: When I was an investigator at a California state prison, it was my job to take every report of sexual abuse and sexual harassment seriously. The same is true for the staff at your facility where you are located. If you report it, you have the right to know the outcome of the investigation. If you do not wish to give a report or give the abuser's name, you still have the right to medical and mental-health treatment. KREGG: So, how can you get medical and mental healthcare after you've been sexually abused? According to the PREA standards, inmates have the right to get free emergency medical care and counseling. Medical services might include a medical forensic exam to collect evidence and to provide you with care, treatment for any injuries you might have, and medication to prevent pregnancy and sexually transmitted infections, including HIV. Mental-health services might include being able to talk to a confidential rape-crisis advocate from the community, getting to see mental-health staff at your facility, and information and referrals for follow-up help, including from organizations outside your facility. Again, this care will be provided to victims at no cost. And facilities have to make sure that inmates can have reasonable communication with these groups as confidentially as possible. Medical and mental healthcare are available regardless of whether or not you report the abuse. Remember, every incident of sexual abuse must be taken seriously, and it's your right to safely and privately report this abuse and to get any help that you might need. JOHNSON: We've covered a lot of ground, but here are some key things to remember. This facility and every facility must have zero tolerance for sexual abuse based on PREA standards. And as we've discussed, staff and administration at this facility are committed to making sure there's no sexual abuse or sexual harassment. SMITH: Thank you for watching this video. And now I'm turning things over to your facilitators for additional discussion and information.

References

  1. ^ "Congressional Globe, 41st Congress, 3 session, page 1285". Library of Congress. Retrieved November 16, 2012.
  2. ^ "Congressional Globe, 41st Congress, 3 session, page 1655". Library of Congress. Retrieved November 16, 2012.

Further reading


This page was last edited on 9 January 2018, at 13:12
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