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Delaware Law: Punishing Prisoners for Reporting Sexual Abuse by Guards
Loaded on Oct. 15, 2006
by David Reutter
published in Prison Legal News
October, 2006, page 17
Filed under:
Guard Misconduct,
DOC/BOP misconduct,
Criminal Prosecution,
News,
State Legislation.
Location:
Delaware.
by David M. Reutter
In July 1980, the state of Delaware criminalized all sex in its prisons. Critics cry that the law requires a prisoner to be convicted even when the sex is non-consensual, preventing prisoners from reporting sexual abuse by guards.
Delawares law prohibits sexual intercourse and deviate …
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More from this issue:
- Taser: The "Less Lethal" Weapon with a Fatal Attraction to Prisoners, by John Dannenberg
- Board of Commissioners Clears PHS In Three Leon County (Florida) Jail Deaths, by John Dannenberg
- From the Editor, by Paul Wright
- Focus on Sex Offenders Increases While Number of Sex Offenses Decline
- Attempted Arrest of Federal Prison Guards in Florida Turns Deadly, by Michael Rigby
- Panel Suggests Using Prisoners in Drug Trials, by Ian Urbina
- PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief, by John Dannenberg
- Massachusetts Prisoner Awarded $60,000 For Electrical Shock
- Delaware Law: Punishing Prisoners for Reporting Sexual Abuse by Guards, by David Reutter
- Oregon Guard Gets 32 Months For Sex With Prisoner
- Habeas Hints, by Kent A. Russell
- Report on Status of Guantanamo Prisoners Released; Controversy Continues, by Matthew T. Clarke
- California Guard Convicted of Abetting Prison Gang
- Texas Prisoner Gets 40 Years For Cellphone; Guards Get Probation, by Michael Rigby
- Audit Criticizes Management of ODOC Financial Computer System
- Years Long Pattern of Medical Neglect Defeats Summary Judgment, by David Reutter
- Florida DOC Cuts Prisoner Collect Call Costs by 30%, by David Reutter
- Arkansas County Pays $40,000 To Handicapped Man Raped In Jail, by Michael Rigby
- EMSA, Florida County to Pay $500,000 for Untreated Ectopic Pregnancy, by Michael Rigby
- Arkansas Mayor, Sheriff, Wife Jailed for Burglary, Drugs, Sex and More, by Gary Hunter
- Audit Reveals California DOC Employees Illegally Received Holiday Pay for Scheduled Days Off
- $600,000 Settlement for Abuse at Maine Juvenile Prison
- Female Missouri Prisoners Make $291,000 as Sexy Pen Pals, AG Wants His Cut
- Michigan Prisoner Wins $20,000 on Failure to Protect Claim, by Michael Rigby
- Iowa Prisoners Settle Sexual Abuse Lawsuits For $160,000
- District of Columbia Jail Pays $14 Million For Over-Detentions and Strip Searches, by Bob Williams
- Nebraskas County Jails Neglect Mentally Disabled, by Gary Hunter
- Los Angeles County Pays $110,000 for Wrongful Jail Death
- Mumia Abu-Jamal Honored in Paris, France, by Gary Hunter
- Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Verdic
- Massachusetts Prisoners Battle MRSA, Untreated Hepatitis C, by Michael Rigby
- Texas Jail Suicide Suit Settles For $300,000
- Virginia's General Assembly Sells Out Prisoners' Families for Phone Money, by Gary Hunter
- Supreme Court: Lethal Injection Procedure May Be Challenged Via § 1983, by John Dannenberg
- Maywood, Illinois Jail Settles Failure to Protect Suit For $750,000
- Beaten Texas Prisoner Who Was Denied Safekeeping Awarded $87,500, by Michael Rigby
- WA Youth Detention Officer Awarded $603,500; Remitted Damages Reinstated
- Michigan Prisoners Deliberate Indifference Claim Nets $73,906 In Fees
- New York Prisoner Paid $1.25 Million for Untreated Glaucoma
- $1.35 Million Settlement for Wrongful Death of Illinois Prisoner
- California Parole Board Squelches Life Prisoner Writs on Procedural Grounds
- Florida Gain Time Revocation Clarified
- L.A. County Pays $300,000 for Wrongful Death of Psychiatric Jail Prisoner
- Former Head New York Islamic Prison Chaplain Pleads Guilty in Gun Case
- WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996
- New Yorks Son of Sam Law Constitutional, Damages Seized
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- News in Brief:
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- No Qualified Immunity for Arkansas Detainees Miscarriage
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- North Carolina’s “Iryna’s Law” Leads to Jail Overcrowding, Sept. 1, 2026. Overcrowding, State Legislation, Pretrial Detention and Detainees, Bail/Pretrial Release.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026. Disclosure of Records, Discovery, Public Records, State Legislation, Method of Execution.
- Mental Health Diversion from New York State Jails Varies Widely by County, Sept. 1, 2026. Criminal justice system reform, Alternative Sentencing, Mental Health, State Legislation.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- BOP Deputy Director and Former Prisoner Resigns After Just One Year, Sept. 1, 2026. DOC/BOP misconduct, Pardons/Clemency, Bureau of Prisons (BOP), Prior Conviction/Sentence/Incarceration.
- $75 Million CoreCivic Contract to Reopen Minnesota Private Prison Creates Resistance from Activists and Lawmakers, Sept. 1, 2026. Corrections Corporation of America/CoreCivic, Protests, Advocacy, State Legislation, Immigration Detention.

