ICE Detention Center Claims Abuse Victim Consented To Their Own Sexual Assault

U.S. Customs and Border Protection/Public Domain

The Berks Family Residential Center is claiming a sexual assault victim consented to her own abuse.

According to the American Civil Liberties Union, the Berks Family Residential Center in Pennsylvania, which houses detained immigrants, is attempting to shirk responsibility in a sexual assault case by claiming the victim consented to her own abuse.

> E.D., an asylum-seeker and domestic violence survivor from Honduras, was sexually assaulted by an employee while she was detained with her 3-year-old child at the Berks Family Residential Center in Pennsylvania. At the time of the assault, E.D. was 19 years old.


> She filed suit against the detention center and its staff for their failure to protect her from sexual violence, even though they were aware of the risk. The record in the case, E.D. v. Sharkey, shows that her assailant coerced and threatened her, including with possible deportation, while the defendants stood by and made jokes.


> Although the employee pled guilty to criminal institutional sexual assault under Pennsylvania law, the defendants contend that they should not be liable for any constitutional violations. Their argument rests in part on their assessment that the sexual abuse was “consensual” and that they should be held to a different standard because the Berks Family Residential Center is an immigration detention facility rather than a jail or prison.

In an amicus brief filed this week in support of E.D., the ACLU, ACLU of Pennsylvania and other groups argued that consent cannot be freely given in immigration detention centers, where “officials wield such tremendous control over the lives of those in their custody, including through coercion and exploitation.”

> We also discuss how sexual violence in custodial settings is a serious and pervasive issue, including in immigration detention. For many years, the ACLU, various advocacy groups, and immigrants themselves have reported on the unsafe conditions in immigration detention, including sexual violence and the retaliation that detained immigrants face when they decide to come forward with these violations.


> A recent investigation into sexual abuse in immigration detention found that there were 1,448 allegations of sexual abuse filed with ICE between 2012 and March 2018. In 2017 alone, there were 237 allegations of sexual abuse in immigration detention facilities.

Read the full report here.