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Brett Robinson (left) and Jill Curry (right) are accused of custodial sexual misconduct involving the same Washington County Jail inmate.
Sex between inmates and their keepers isn't consensual, even when it appears that way.
That's the concept behind the criminal charge recently filed against two Washington County Jail workers. Authorities say the women, at separate times, had sex with the same inmate.
Following the news of their arrests, some readers questioned the inmate's label as a victim.
"This convict must have some kind of game," Sumerian_King quipped in an online comment.
"... and he didn't even have to buy any drinks," Vic Blaine wrote.
But an inmate's desire doesn't matter, according to the law. There is no consensual sex between staff and inmates because of the inherent power difference between them.
In 2005, Oregon became the second-to-last state to make it a felony for corrections staff to have sex with inmates. The law was proposed by the state Department of Corrections.
First-degree custodial sexual misconduct, ORS 163.452, involves sex. In the second degree, the crime is a misdemeanor involving sexual touching. The law applies not only to workers inside a lockup facility. It also extends to those supervising people on work crews, probation, post-prison supervision or work-release.
Since the Oregon Legislature approved the law, news reports have chronicled cases all over the state -- from the Tillamook County Jail on the Oregon Coast to the Snake River Correctional Institution outside Ontario, near the state's eastern border.
Nationally, staff-on-inmate sexual victimization is nearly as common as incidents between inmates, according to a U.S. Department of Justice report released this year.
Sexual activity between staff and inmates "appeared to be willing" in 74 percent of cases.
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This week's arrest of Washington County Jail employee Brett Robinson, 32, came a few weeks after that of her coworker, Jill Curry, 38. Both women are accused of first-degree custodial sexual misconduct, among other charges.
Sheriff's office spokesman Sgt. Bob Ray said Friday that the 25-year-old inmate who had sex with them won't face discipline and has been moved to another jail.
"He is automatically perceived as a victim," he said. "Every staff member at the sheriff's office knows that inmates can't consent."
When a staff member behaves sexually toward an inmate, the sheriff's office doesn't punish the person in custody. To impose sanctions, Ray said, could be viewed as retaliatory.
"It just wouldn't be the right thing to do," he said.
Inmates receive a manual at intake that gives the sheriff's office definition of sexual misconduct.
In its sexual misconduct policy, the agency describes staff as employees, reserve deputies, volunteers, interns and contract employees. Sexual misconduct is described as behavior ranging from sexual intercourse to touching and flirting.
"It's very clear to staff that this sort of behavior is completely unacceptable," Ray said.
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What qualifies as sexual misconduct?
1)
Any sexual advance
2)
Requests for sexual favors
3)
Threats or retaliation for refusing sexual advances
4)
Verbal or physical conduct of a sexual nature toward or with another person
5)
Invasion of privacy beyond that reasonably necessary for safety and security
6)
Sexual harassment in any form, such as: demeaning references to a person’s sex or sexual orientation; derogatory comments about a person’s body or clothing; abusive, threatening, profane or degrading sexual comments or gestures; touching, attention, or conduct of a sexual nature
7)
Over familiarity, which includes but is not limited to: flirting, exchanging personal gifts or letters, requesting or granting special favors
Source: Washington County Sheriff's Office
The sheriff's office definitions are in line with those of the U.S. Justice Department and other national agencies.
"Sexual misconduct is about more than sex," according to a policy guide written for jail administrators a few years before Oregon's legislation. "Sexual misconduct is a wide range of inappropriate behaviors, associated more with the exercise of 'power' than to the sex act."
The 2002 guide published by the Center for Innovative Public Policies says, "In custodial settings, inmates are not capable of 'consenting' to sex with staff, just as those individuals with diminished mental capacity and juveniles are deemed unable to 'consent.'"
The policy guide, written by Susan W. McCampbell and Larry S. Fischer, advises corrections administrators to spread the word within the walls of their facility:
"Setting the tone in the organization that sexual misconduct seriously compromises facility security, and that inmates are incapable of 'consenting' establishes an environment that prevents misconduct, as well as resulting in effective investigations."
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In Washington County, the sheriff's office has a policy titled, "Zero Tolerance for Sexual Misconduct with Inmates," which echoes the policy guide.
The sheriff's office addresses in the policy the issue of consent and what it means for inmates and staff. "A sexual act or sexual contact between any staff member or visitor and an inmate, even if the inmate consents, initiates or pursues, is prohibited and can be illegal," the policy says.
It goes on to explain why: In custodial settings, inmates – like minors – are unable to consent.
Staff members who engage in sexual misconduct, according to policy, will be disciplined. They could face termination as well as criminal prosecution, if applicable.
Sheriff's office employees, according to policy, receive sexual misconduct training when they are hired. They also receive ongoing sexual misconduct training, to include education on sexual harassment and sexual assaults of inmates.
The training familiarizes staff with the crime of custodial sexual misconduct and gives examples through case studies. It also teaches employees misconduct prevention and the definitions of consent.
When inmates are booked into the jail, they attend an orientation and receive their handbook. The orientation includes a video introduction to the facility that features Sheriff Pat Garrett.
"It is our job to keep you safe and secure," he tells inmates.
-- Emily E. Smith and Rebecca Woolington