Articles Posted in Civil Rights

Bullying has been a major problem for a long time and hundreds of thousands of children experience some form of bullying every single day. While public awareness of the prevalence of bullying is at all time high, the problem not only has not been eradicated, but in the era of social media, it has become more serious than ever.

Bullying can take many shapes or forms, and victims can be targeted due to their race, gender, ethnicity, religion, sexual orientation, or for a variety of other reasons. It is a form of violence, which can be physical; verbal, including making threats or inappropriate sexual comments; or social, including spreading rumors or disseminating hurtful material. In order to be considered bullying, the behavior must be aggressive, repetitive, and there has to be an imbalance of power.

While a significant part of society considers bullying a normal part of growing up, the reality is that it can have devastating consequences and lasting impact on children and teens. Some of the more serious effects of bullying include depression, anxiety, poor school performance, eating disorders, substance use, anger, isolation, and self-injury. More importantly, too many times, bullying has served as a catalyst for suicide, violence towards others, as well as homicidal ideas or actions.

For far too long transgender, gender-nonconforming, and intersex people have been subjected to various forms of discrimination and victimization. This has been particularly prevalent for those who have been incarcerated. Even the United States Supreme Court has recognized that transgender people are especially vulnerable to sexual abuse and harassment.

Fortunately, in addition to being at the forefront of Criminal Justice Reform in general, by passing the historic SB 132 or the Transgender Respect, Agency, and Dignity Act, the California legislature has finally decided to act in addressing the issues that transgender, gender-nonconforming, and intersex people face while incarcerated. SB 132 was signed into law by Governor Newsom on September 26, 2020, and came into effect on January 1, 2021. The law was designed to ensure that transgender, gender-nonconforming, and intersex people are provided with a safe, humane, and dignified environment while incarcerated.

According to the findings in the bill, the rate of sexual assault in California’s prisons is 13 times higher for transgender women than for men in the same prisons. Moreover, another survey showed that, nationwide, 40 percent of incarcerated transgender individuals reported experiencing sexual victimization, compared to 4 percent for other incarcerated people. Furthermore, another survey showed that 38 percent of transgender women reported being harassed by correctional officers or staff.

The term “civil rights” encompasses a very broad variety of rights. Some of those rights are enshrined in the Constitution, including freedom of speech, freedom of religion, the right to be free from unreasonable search and seizure, the right to due process, and the right to equal protection under the law. In addition to the Constitution, many civil rights have been and continue to be addressed and protected in greater detail by federal and state laws. Some of the most prominent examples include:

  • The Civil Rights Act of 1964, which prohibits discrimination based on race, color, national origin, religion, and sex;
  • The Americans with Disabilities Act; and

We live in a civilized society and being imprisoned does not mean giving up basic human rights. While, as a result of incarceration, inmates do have some of their rights limited and prisons are allowed to curtail certain rights based on safety and security, there are certain basic fundamental human rights that cannot be taken away from an individual, even when they have been incarcerated in prison or county jail.

The Eight Amendment to the United States Constitution protects inmates from cruel and unusual punishment. As a result, inmates are entitled to be housed in humane conditions. Furthermore, inmates are entitled to adequate mental and medical care, which for women include the right to prenatal and other necessary medical care, if they are pregnant, as well as postpartum care. Furthermore, female inmates have the right to refuse sterilization or any other birth control if they do not want it. Moreover, incarcerated individuals are entitled to freedom from discrimination, sexual harassment, the use of excessive force and assault, which includes sexual assault.

In 2003 the Prison Rape Elimination Act established a zero-tolerance policy for rape in any United States prison, which includes state as well as federal prisons. Unfortunately, sexual assault and rape in prisons across the United States continues to be a prevalent problem and countless inmates suffer as a result.

Various factors have contributed to childhood sexual abuse being one of the most underreported crimes, including the fact that over ninety percent of all childhood sexual assaults are perpetrated by a person personally known to the child or their family. And while the underreporting prevents us from knowing exactly how prevalent these heinous crimes are, most studies show that almost 10 percent of all children have been the victims of sexual assault.

Following some very high profile child sexual abuse scandals, including the Penn State scandal, as well as the USA Gymnastics and the Boy Scouts of America sex abuse scandals, many states, including California, took a second look at their laws and made significant changes. In California, the state legislature passed the California Child Victims Act, which came into effect on January 1, 2020. The new law makes it easier for survivors of childhood sexual abuse to hold perpetrators and organizations responsible for the abuse by extending the time victims have to file a claim. Moreover, the new law expands the definition from “childhood sexual abuse” to “childhood sexual assault,” which has broadened the scope of behaviors that could be actionable.

By law, children cannot consent to any type of sexual activity and any sexual interaction with a minor can be considered sexual assault. As a result, childhood sexual assault can take many forms and can be both physical, where there is a direct sexual contact with a child, as well as non-physical, where the perpetrator does not actually touch the victim.

Childhood sexual abuse is one of most horrific crimes imaginable. Given that it is one of the most underreported crimes, it is very hard to determine the exact number of victims, but what is undisputable is that millions of individuals have suffered instances of sexual abuse as minors. In fact, according to some studies, about 1 in 4 girls, and 1 in 13 boys in the United States experience childhood sexual abuse.

Childhood sexual assault can have a devastating and long lasting effect on a survivor of such abuse. Various studies have shown that survivors are more likely to develop depression, posttraumatic stress disorder (PTSD), substance abuse issues, risky sexual behavior, and to struggle with various mental health issues, as well as inability to establish and maintain interpersonal relationships. Victims of childhood sexual assault are also at a higher risk for suicide and suicide attempts. Many survivors experience feelings of shame, guilt, self-blame, and have a hard time coming forward and reporting being sexually assaulted as minors. Furthermore, very often survivors suppress the memories of the assault and don’t recall it for many years after the fact.

Until January 2020, the law in California required individuals who had been sexually abused as children to come forward within eight years of turning eighteen years of age, or within three years of the time the victim discovered or should have discovered that their subsequent psychological injury or illness as an adult, was the result of sexual abuse as a child. The prior California law was severely criticized for being too restrictive and for failing to take into account the many factors affecting survivors’ ability to come forward for years after the abuse had taken place, including the stigma attached, embarrassment, or shame. The law also ignored those victims that need years of professional help to even recall the abuse.

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