Miami Herald

Officials knew about sexual abuse at Lowell prison — and did nothing. System must have independen­t oversight

- BY GREG NEWBURN famm.org Greg Newburn is the Florida director of policy for FAMM, a national nonpartisa­n advocacy organizati­on that promotes fair and effective criminal-justice policies.

Ahorrifyin­g new report by the U.S. Department of Justice (DOJ) reveals that, for more than a decade, Florida’s political leaders and the state Department of Correction­s (FDC) have ignored the sexual abuse by staff, including rape, of incarcerat­ed women at the Lowell Correction­al Institutio­n.

The report is shocking, but not surprising to anyone who’s paid attention to Florida’s prison system. Its findings should, at a minimum, finally prompt the Legislatur­e to establish independen­t oversight of Florida’s prisons.

According to DOJ, Florida Correction­s was made aware of systemic sexual abuse of Lowell prisoners by staff as early as 2006, but failed to take action to remedy the problem. In fact, the report notes the Department created a safe harbor for some of the worst offenders.

One sergeant at Lowell was accused in 2017 of sexually abusing a prisoner, “causing lesions on the prisoner’s throat from oral sex, and then retaliatin­g against the prisoner when she refused his sexual advances.” FDC confirmed the prisoner’s injuries, but failed to complete the investigat­ion into the allegation. That sergeant remained employed until his arrest earlier this year — for sexual misconduct with a different woman.

Far from an “isolated incident,” DOJ found a “long-standing pattern” of such incidents at Lowell. In 2018, a sergeant allegedly raped a prisoner in a storage area, “pull[ing] [her] pants down and forc[ing] his penis in anally.”

DOJ found it is common for employees at Lowell to bribe women with contraband in exchange for sex, compel women into abusive sexual “relationsh­ips” and watch women shower and use the toilet. Then they threaten the women with solitary confinemen­t if they report the abuse.

Last year, after an employee at Lowell beat a woman until she was paralyzed from the neck down, FAMM and Florida Cares invited women who had been incarcerat­ed at Lowell, and families of women currently incarcerat­ed, to share their stories. Though I had long known of Lowell’s despicable reputation, it was jarring to hear the stories from those who actually lived these experience­s. Particular­ly haunting was listening to brave women name the FDC employees who raped them and hearing the responses to those names from the audience. They knew.

Actually, anyone who wanted to know what was happening at Lowell could easily have learned this informatio­n. They just needed to listen to the women incarcerat­ed there and their families, who have been begging anyone and everyone for 15 years to put an end to the horror at Lowell.

Since FDC was made aware that women in its care were being raped, four people have served as Florida’s governor and seven have served as FDC secretary. Each knew, or should have known, this was happening. None of them did anything to stop it.

The DOJ report identified a handful of what it called “minimal remedial measures” necessary to protect women from further sexual abuse at Lowell. In truth, even these measures are insufficie­nt. The appalling pattern of abuse and neglect identified by the Justice report reveals inherent dysfunctio­n, a rot at the department’s core.

This is not a pruningshe­ars problem, it’s a backhoe problem. The Department of Correction­s has been given many opportunit­ies to prove it can police itself. The DOJ report proves it cannot.

The Legislatur­e should have long ago establishe­d an independen­t body to oversee Florida’s prisons. This body must be given the power to enter and inspect prisons without notice, conduct confidenti­al interviews with incarcerat­ed people and prison staff, recommend improvemen­ts and monitor their implementa­tion, access data and records — and even help resolve complaints from families and prisoners. Such oversight helps identify and prevent problems, and makes prisons safer places for prisoners and correction­s officials alike.

Lawmakers from both political parties rightly demand accountabi­lity and transparen­cy in all state government­al agencies. Florida’s Department of Correction­s should not be excused. The unchecked, systemic sexual abuse documented in the DOJ report must never be allowed to happen in a taxpayer-funded agency of our state government, and yet failure to establish independen­t oversight all but guarantees that it will.

And, next time, no one will be able to say that they didn’t know what was happening.

 ?? EMILY MICHOT emichot@miamiheral­d.com ?? Theresa Livengood, who is serving a life sentence at Lowell Correction­al Institutio­n, breaks down in tears as she talks about conditions at the facility.
EMILY MICHOT emichot@miamiheral­d.com Theresa Livengood, who is serving a life sentence at Lowell Correction­al Institutio­n, breaks down in tears as she talks about conditions at the facility.
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