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Low substantiation rates for sexual abuse allegations

1:29:34

·

155 sec

Council Member Sandy Nurse questions DOC officials about the low substantiation rates for sexual abuse allegations compared to national averages.

  • Since 2015, only 0.5% of PREA-reportable sexual abuse allegations against staff were substantiated (7 out of nearly 1,500 allegations)
  • For allegations against other incarcerated individuals, the substantiation rate was 3.4% in 2023
  • Both rates fall below the national average of about 6%
  • DOC officials report that for 2024:
  • 7 person-in-custody on person-in-custody sexual abuse cases have been substantiated
  • 1 staff-on-person-in-custody case (non-sexual) has been substantiated
  • DOC claims their current substantiation rates align with the 5% rate published by the Department of Justice
  • Commissioner Maginley-Liddie notes that allegations involving staff are initially forwarded to the Department of Investigation
  • Incarcerated individuals have additional external reporting methods that DOC may not be privy to
Sandy Nurse
1:29:34
Thank you, Vedanta.
1:29:35
My last question before I turn it over, when DOC conducts investigations into allegations of sexual abuse, the substantiation rate of those investigations falls below national averages since 2015 just one half of 1% of the pre reportable sexual abuse allegations made against correction staff were deemed substantiated, representing 7 of nearly 1500 allegations.
1:30:04
For allegations of sexual abuse made against other people in custody, the substantiation rate was 3.4% in 2023.
1:30:13
Both of those rates fall far below the national average, which is about 6%.
1:30:18
Can you talk a little bit about what you attribute your low substantiation rates to?
Ingris Martinez
1:30:26
Thank you for the question, Counsel.
1:30:29
So I mentioned earlier about the methods and what substantiation means.
1:30:36
Substantiation our proponents of the evidence is mostly based on video monitoring devices or those cases that go to the DA's office based on DNA kids, so on and so forth.
1:30:50
What I want to share is that for calendar year 2024, we we have 7 substantiated pick on pick.
1:31:00
Sorry.
1:31:01
Excuse me.
1:31:02
Person and custody on person and custody sexual abuse cases, and the one substantiated case for staff on person and custody that was nonsexual.
1:31:17
The substantiated rates as published in the DOJ, we appear to align currently with the 5%.
Lynelle Maginley-Liddie
1:31:30
Okay.
1:31:31
Thank you.
1:31:32
And I I just wanna add also, if there's an allegation involving a staff member, that allegation is initially forwarded to DOE.
1:31:41
They are making a determination as to whether or not to proceed with the investigation or for us to stand down.
1:31:49
And individuals in custody have other ways to report sexual abuse, sexual assault, they can go directly to to to some of these organizations and external oversight that we are not necessarily privy to.
1:32:05
So I just, you know, just wanna include that information as well.
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