Michigan women prisoners win $15.4 million in sexual assault lawsuit

10 women who were imprisoned in Michigan's Scott Correctional Facility in suburban Detroit held hand and sobbed as they were awarded a total of $15.4 million for rapes, sexual harassment, and verbal abuse by prison guards. The jury foreman read an apology on behalf of Michigan citizens which went "We would like to express our extreme regret and apologies,"

"I'm heading back to prison today," one of the women said, facing the jury. "I feel strong today because of you. I thank you for believing in us."

The verdicts ranged from $335,000 to $3.6 million, depending on factors including whether there was sexual penetration and how many times the sexual acts had occurred. The jurors found there was a sexually hostile atmosphere at the prison and the state did not act to protect the prisoners. Today's verdict came after a three-week trial.

The state expects to appeal the case, said Russ Marlan, spokesman for the Department of Corrections. Seven of the women are still prisoners at Scott and three have been released. "I was shocked," said one of the plaintiffs, whose name the Free Press is not disclosing because of the nature of the acts. She has been released from prison and lives in Saginaw with her children. "We've had so many doors closed along the way."

"We showed there was a pervasive, sexually abusive atmosphere at Scott Regional Correctional Facility," said plaintiff's attorney Deborah LaBelle. The women are part of a group of 400 current and former prisoners in the class action lawsuit which covers the state's three women's prisons. Another trial involving female inmates who claim sexual abuse is scheduled later this month in the same courtroom.

The large number of potential victims raises the stakes for the state.Beginning about seven years ago, the state started removing male officers from the housing of female inmates.The case was first filed in 1996 but only came to trial this year after years of appeals and stays over issues such as whether prisoners are covered under the state's civil rights law. A federal judge ruled last year that they are covered.LaBelle said the plaintiffs have tried for 12 years to get the state to recognize there's a problem."The state says it's consensual, or that it doesn't believe what the women say," she said.

"It goes on and on," LaBelle said. More trials are scheduled this year.

Jody Nunn, a guard at Huron Valley Women's Prison, was sentenced to between 43 months and 15 years for raping a female inmate back in March 2005. Nunn's victim is a plaintiff in the lawsuit, and charges came after the victim gave prosecuting attorneys flannel shorts which contained Nunn's semen.

Nunn was convicted last month on two counts of second-degree criminal sexual conduct. Circuit Judge Archie Brown sentenced him above state guidelines, which called for 36 months on the bottom end of his sentence.

The state said that many sexual assaults inside the prisons are not reported, and that when reported, officers were arrested and disciplined.

There is no such thing as consent in a custodial relationship or a fiduciary relationship. In Michigan, prison/guard sex is classified as Criminal Sexual Conduct 1 to 3, which also applies to teacher/student sex, rape, and therapist/patient sex. If consent is not considered to be obtained for the other cases, then consent isn't possible with prisoners or guards.