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Jail Rape Results in Reduced Sentence
Loaded on April 15, 2004
published in Prison Legal News
April, 2004, page 31
An Alabama federal district court has reduced a female prisoner's sentence by a three-level downward departure based on her rape by a jail guard.
Filed under:
Sexual Assault,
Staff-Prisoner Assault,
U.S. Sentencing Guidelines.
Location:
Michigan.
Deborah Rodriguez pled guilty to possession with intent to distribute 382 kilograms of cocaine hydrochloride. After being raped by a jail guard while awaiting sentencing, Rodriguez …
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More from this issue:
- Jails for Jesus, by Samantha M. Shapiro
- City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
- Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
- From the Editor, by Paul Wright
- Alabama Restores Voting Rights to Some Ex-Prisoners
- Another Death in a Wisconsin Prison, by Gary Hunter
- PLRA Fee Payments Cease Upon Release from Prison
- Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
- Thirty Years in Segregation May State Claim, by Michael Rigby
- First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
- Prison Nation Wins Human Rights Award
- BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
- Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
- Disarray in Colorado: Prisoners Hurt by Host of Problems, by Bob Williams
- $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
- Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
- Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
- New York Prisoner Awarded $435,000 in Tire Accident
- The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror, by Scott Christianson
- Asset Forfeiture Defense Manual, by John E Dannenberg
- California Parole Violators' Due Process Rights Upheld in Settlement
- Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating
- Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
- Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization, by David Reutter
- Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged, by Michael Rigby
- Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner, by John E Dannenberg
- Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
- Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
- Texas Prisoners Have Right to Judicial Review of Administrative Finding
- Jail Rape Results in Reduced Sentence
- Court Questions Federal Assault Conviction on Private Prison Guard
- A Culture of Prosecutorial Misconduct, by Peter Schmidt
- California Presentencing Credits Upheld For Jail Time in Another County, by John E Dannenberg
- Blind Prisoner Must Exhaust Administrative Remedies
- Impeding Grievance Exhaustion May Violate Access to Courts
- § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot, by John E Dannenberg
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- Virginia Drug Treatment Program Still Violates Establishment Clause
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- Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
- Fighting for Fair Phone Rates, by Deborah M Golden
- Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal
- California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review, by John E Dannenberg
- Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
- County May Be Liable for Private Prison's Customs and Policies, by Bob Williams
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More from these topics:
- New York State Moves to Dismiss Hundreds of Prison Sexual Assault Lawsuits, Feb. 1, 2026. Staff-Prisoner Assault, DOC/BOP misconduct, Prosecutor/Attorney General Misconduct, Authority and Jurisdiction, Access To Courts.
- The DOJ Orders Prison Inspectors to Drop LGBTQ+ Protections, Jan. 1, 2026. Sexual Assault, Corrections Audits, Prison Rape Elimination Act, Discrimination (Transgender), Failure to Protect (Transgender).
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Hawaii Prison Warden Reinstated After Being Fired in 2014 for Sexual Harassment, Dec. 1, 2025. Staff-Prisoner Assault, Supervisor-Staff Harassment, Guard Misconduct, Racial Discrimination, Employee Litigation.
- Prisoner Assaulted by BOP Guard and Left With Bleeding Rectum—Then the Cover-Up Began, Dec. 1, 2025. Staff-Prisoner Assault, DOC/BOP misconduct, Retaliatory Segregation, Malicious Prosecution, Restraints.
- New Jersey Breaks Ground on New $330 Million Women’s Prison After Raid at Old Facility, Dec. 1, 2025. Staff-Prisoner Assault, Guard Misconduct, Prosecutor/Attorney General Misconduct, Guard Brutality/Beatings, Prison Rape Elimination Act.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
- Fifth Circuit Dismisses Sex Abuse Claims Filed by Three Texas Prisoners Against Guard, Nov. 1, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Qualified Immunity, Failure to Train/Supervise, Failure to Object, Interlocutory Appeals, Cruel and Unusual Punishment, Wrongful Use of Force.
- $100,000 Settlement Reached Between Imprisoned BOP Guard and Prisoners He Raped, Nov. 1, 2025. Staff-Prisoner Assault, Retaliatory Segregation, Federal Tort Claims Act, Sovereign Immunity, Adequacy of Remedy.
- Nearly $528,000 Paid by Kansas Jail to Detainees Raped by Guards, Nov. 1, 2025. Staff-Prisoner Assault, Attorney Fee Awards, Prison Rape Elimination Act, Failure to Train/Supervise, Monell Liability.

