A woman who was held at the Portsmouth City Jail last May is suing the sheriff and a deputy for allegedly forcing her and another woman to expose their genitals to prove they were on their menstrual cycle.
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Danaesha Martin filed the lawsuit last Friday in Portsmouth Circuit Court. She claimed the deputy forced her and another woman to pull down their clothing to prove they needed sanitary napkins as part of the jail’s alleged conditions. The Virginia Mercury said in their report that Portsmouth City Jail Chief Deputy of Jail Operations Lt. Col. Dorothy Dildy Clemons emailed deputies after the incident that they were not permitted to ask female inmates to “pull down their pants and undergarments to visually see if they are on their cycle.”
“This can become a PREA issue that can escalate into a lawsuit. This is to stop immediately, expeditiously!!!” she continued in the email. She also addressed in the email that the jail had plenty of sanitary products, and deputies are expected to log in the names of inmates who received the products and how many were used.
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PREA stands for the Prison Rape Elimination Act. It is a federal law enacted in 2003 in the United States that aims to address and prevent sexual abuse and assault in prisons, jails, juvenile detention facilities, and other types of confinement settings.
The law requires correctional facilities to develop and implement comprehensive standards for preventing, detecting, and responding to sexual abuse and assault. This includes providing education and training for staff, screening and assessing inmates for risk of victimization and perpetration, and ensuring that victims receive medical care, counseling, and other support services.
PREA also establishes a National Prison Rape Elimination Commission to develop recommended standards for preventing sexual abuse and assault and to provide oversight and guidance on the implementation of these standards.
Under PREA, correctional facilities must report all allegations of sexual abuse and assault to the appropriate authorities for investigation. They must also collect and report data on incidents of sexual abuse and assault. The law provides for significant penalties, including the loss of federal funding, for facilities that fail to comply with its requirements.
The availability of sanitary napkins in jails and prisons can vary depending on the facility and the policies in place. However, the Prison Rape Elimination Act (PREA) mandates that facilities provide access to menstrual products to inmates, including sanitary napkins, tampons, and menstrual cups, at no cost.
Some facilities provide a limited supply of sanitary napkins or tampons to inmates on a regular basis, while others require inmates to request them as needed. In some cases, inmates may have to use their commissary funds to purchase menstrual products.
Martin has accused the sheriff and deputy, identified as “Katherine Adams,” “Catherine Adams,” and “RC Adams,” of gross negligence, sexual abuse, willful and wanton misconduct, and intentional infliction of emotional distress. She is seeking $1 million in compensatory damages and $350,000 in punitive damages in addition to attorney’s fees and costs.