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Inmate raped at the Volusia County jail

Has the Volusia County Sheriff Department manipulated their investigative conclusions in order to reduce any possible civil liability on the County of Volusia?

Is this rape and the VCSO investigation, just another example of why Florida's county jails need to be once again answerable to the State Prison Inspector?

Updated
September 8, 2012
"Every organization rests upon a mountain of secrets." - Julian Assange











SEXUAL ASSAULT WITHOUT PHYSICAL FORCE ??

On July 29, 2012 a Volusia County jail inmate reported that he had been sexually assaulted by another inmate.

The inmate reported that the sexual assault occurred shortly after night lock down (11 pm) on July 27, 2012.

Inmates are routinely locked in their individual cells from 11 pm to 6 am each night. Some inmates are housed in two person cells.

Jail officials did contact the Volusia County Sheriff Department, in order that a criminal investigation could be conducted regarding the inmate's allegations of being raped.

The VCSO investigation concluded (after the rape suspect admission), that the sexual assault had in fact occurred. However, strangely, Inmate Allen was only criminally charged with sexual battery withOUT force.

Florida Statute 794.011 covers the crime of sexual battery.

Florida Statute 794.011 - Sexual Battery

VCSO Incident Report
Large file - allow time to download


In the above VCSO report, VCSO Investigator, Chastity Burke charged Inmate Steven Allen with a violation of F.S.794.011(5) - Sexual Battery - NOT involving force.

F.S.794.011(5) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree,punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.






Rape suspect - Steven Allen

THE VCDC RAPE INCIDENT
SUPPORTIVE DOCUMENTS


VCSO Incident Report
Large file - allow time to download


Inmate Allen's classification documents

Volusia Jail Policy 201.03

Volusia Jail Policy 301.02

Inmate Allen's Booking information



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.

Inmate Allen's Booking information

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?

Volusia County Jail Policy 201.03

Volusia County Jail Policy 301.02


VolusiaExposed.Com continues to review and investigate this incident.
We anticipate further follow up postings on this situation.

JAIL HAS A PAST
SECRETIVE & RETALIATORY APPROACH
TO IN-CUSTODY RAPES


Volusia Corrections Officer faces charges, in her reporting of in-custody rape of an inmate

County Decides To Revoke Reprimand Of Jail Guard


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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.

The Mary Knudsen Incident

The in-custody death of Inmate Tracy Veira
Falsification of Documents by County Officials



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The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.

Florida Jail Oversight in Retrograde




Can the public really expect proper external law enforcement investigations,
from an agency that can not apparently self investigate itself properly ?




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Additional concerns surrounding the
Volusia County Sheriff's Department


VCSO deputy supplies underage females with alcohol.

VCSO deputy sexually approaches female prisoner?

Sex and the Badge
Extra-martial affairs within the VCSO?


VCSO deputy engaging in sexual relationship, while on duty?

VCSO deputy attempts romantic relationship with felony suspect?

VCSO deputy sexually assaults handcuffed woman.

VCSO deputy reprimanded for domestic violence arrest

VCSO Frangiamore-Carper murder-suicide incident

Sadly, additional concerns can be reviewed on VX's home page

If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.

SARASOTA HERALD-TRIBUNE'S
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION

UNFIT FOR DUTY
by Matthew Doig and Anthony Cormier
Tarnished badge, flawed system
Police unions / political clout
Predator in uniform?
What the personnel files reveal
Problems and solutions
Flagrant abuses invite little scrutiny
Problem officers still find work
How serious offenses go unreported
Sworn to protect....their pensions
Governor investigates CJSTC

We look forward to your comments on this situation - drop us a line to let us know what you think.

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