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It is of interest that even Investigator Burke notes in her investigative report, that the victim of the sexual assault appears to have a "cognitive disability". Further, even the alleged suspect noted that the alleged victim appeared to be mentally slow. Therefore, why wasn't Inmate Allen charged with a first degree felony, as is indicated in F.S. 794.011(4)?
F.S.794.011(4) (4) A person who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:
(e) When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
DOES INMATE ALLEN HAVE A HISTORY OF
IN-CUSTODY SEX CRIMES?
If so, did the jail follow their own policies
regarding segregating inmates with such histories?
According to Inmate Allen's jail booking information, he was booked in the Volusia County jail on March 28, 2012 on the charge of Lewd and Lascivious (L&L). Further, his booking information indicates that he has a Florida State Prison (FSP) hold on him, that was also filed on March 28, 2012.
This could indicate that Inmate Allen was arrested for the L&L charge, while still incarcerated in a Florida State Prison facility.
Correctional Facilities commonly attempt to reduce their exposure to sex crimes within their institutions by marginalizing the crime with a reduced charge. Unfortunately, it would not be uncommon to discover that a prison has marginalized a prison rape as a simple lewd and lascivious event, or that, a county jail has marginalized an in-custody rape, involving physical force, to a sexual battery NOT involving physical force.
The Volusia County Jail has policies in place to segregate inmates that participate in either consensual or non consensual sexual behavior while incarcerated. Did jail officials follow these policies regarding this recent in-custody sexual battery?
VolusiaExposed.Com continues to review and investigate this incident.
We anticipate further follow up postings on this situation.
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JAIL HAS A PAST
SECRETIVE & RETALIATORY APPROACH
TO IN-CUSTODY RAPES
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DID A CONFLICT OF INTEREST
INFLUENCE THIS SEXUAL
BATTERY INVESTIGATION?
Assistant County Attorney, Nancye Jones handles many of the litigations coming out of the Volusia County jail.
Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail.
We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability.
Our concern includes this particular in-custody sexual battery investigation, and the below listed situations.
We invite you to review our concerns.
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The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.
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