Sexual Assault

The U.S. Department of Justice announced Thursday that it has launched an investigation into two California women’s prisons to determine if they unconstitutionally provided housing and preferential treatment to “biological male prisoners.”

In a letter to Gov. Gavin Newsom, Assistant Atty. Gen. Harmeet Dhillon — who heads the Justice Department’s Civil Rights Division — said investigators will look into “widely reported allegations of deprivation of female prisoners’ rights” at the Central California Women’s Facility in Madera County and the California Institution for Women in San Bernardino County.

The Justice Department said in a news release that there have been allegations “of sexual assaults, rape, voyeurism and a pervasive climate of sexual intimidation due to the presence of males in the women’s prison.”

Newsom’s office referred The Times to the California Department of Corrections and Rehabilitation. A spokesperson for the agency said it is “committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people.”

The Department of Justice also notified Maine Gov. Janet Mills of an investigation into allegations that the state “has allowed a biological male inmate to remain housed with women despite complaints that the male inmate has assaulted or harassed several female inmates.”

Dhillon said in a video posted on X that the investigations are part of a new project called the “single-sex prisons initiative” to look for potential civil rights violations in which female inmates are forced “to be in the same rooms with men who are posing as women to get access to the female prisons.”

“In California there are reports of many dozen such men housed in women’s prisons which of course is exposing these women to sexual assault and other forms of violence and harassment that, if true, are extremely troubling and could violate the civil rights of these women,” Dhillon said.

In 2020, Newsom signed into law Senate Bill 132, which gives transgender, nonbinary and intersex inmates at state prisons the right to be housed at either men’s or women’s facilities. Opponents of the law sued the following year, alleging that it was unconstitutional and created an unsafe environment for women in female facilities, with some plaintiffs claiming they were assaulted.

At the time, LGBTQ+ advocates slammed the suit as baseless and damaging.

“The way they wrote [the complaint] is saying that trans women are men and they are putting men in women’s prisons, which is completely false,” Bamby Salcedo, president and chief executive of the TransLatin@ Coalition, which cosponsored SB 132, previously told The Times. “They’re making a claim that is not accurate and not respectful towards trans women specifically.”

In an interview with the Times Thursday, Salcedo said that while there may be instances in which people have abused the law, she stressed “it is the responsibility of the CDCR to protect people who are incarcerated.”

“They should be able to not just follow the law, but also to be able to screen people appropriately,” Salcedo said.

Salcedo said she was not surprised to hear about the new Justice Department investigation, calling it “an effort for this administration to continue to deny opportunities and access to trans people in our society.”

The Women’s Liberation Front, which brought the lawsuit, announced this week that a federal court had dismissed the case but that they planned to appeal. In an emailed statement, Elspeth Cypher, Women’s Liberation Front board president, called the Justice Department investigation “welcome and long overdue.”

“I hope that this investigation provides the women in prison with some hope that finally someone is listening,” Cypher said.

Under the bill enacted in 2021, 1,028 inmates housed at male prisons have requested to be moved to female facilities, according to data as of March 4. The department had granted 47 requests and denied 132. Another 140 applicants “changed their minds,” according to the department.

State officials said that 84 inmates sought to be transferred into men’s facilities from women’s prisons. Of those, seven were approved.

According to the corrections department, 2,405 inmates identify as nonbinary, intersex or transgender. Those populations are said to experience excessive violence in prison. A 2007 UC Irvine study that included interviews with 39 transgender inmates found that the rate of sexual assault is 13 times higher for transgender people, with 59% of those surveyed reporting experiencing such encounters.

The Justice Department said Thursday that its investigation was just getting underway and that it “has not reached any conclusions regarding allegations in these matters.”

“I’m very determined to ensure that no woman who’s incarcerated in the United States is subject to potential rape, sexual assault or other violations of her civil rights as a condition of incarceration to satisfy some woke ideology by the state,” Dhillon said. “If these states are violating these rights and they don’t stop, we will make them through litigation.”

Content note: This story contains details of sexual violence. 

Civil rights icon Dolores Huerta is one of several women in the United States speaking out against the sexual violence they say they endured at the hands of labour leader Cesar Chavez.

In a statement on Wednesday, Huerta said she was motivated to speak out after being contacted for an investigation by The New York Times, which revealed that children as young as age 12 were abused by Chavez.

“I am nearly 96 years old, and for the last 60 years have kept a secret because I believed that exposing the truth would hurt the farmworker movement I have spent my entire life fighting for,” Huerta wrote.

“Following the New York Times’ multi-year investigation into sexual misconduct by Cesar Chavez, I can no longer stay silent and must share my own experiences.”

Chavez, who died in 1993, co-founded the National Farm Workers Association alongside Huerta and other advocates. They rose to fame during the US civil rights movement of the 1960s, practising nonviolent protest techniques similar to those of Mahatma Gandhi and Martin Luther King Jr.

Together, Chavez, Huerta and other advocates drew attention to the abuses facing vulnerable immigrant farmworkers, particularly in the Hispanic and Filipino American communities.

Some of the slogans from the movement continue to have resonance in the US political sphere.

The Spanish phrase “si, se puede” — or, in English, “yes, we can” — was adopted as the campaign slogan for President Barack Obama, while the Tagalog phrase “isang bagsak” continues to be a rallying cry for collective organising.

The fight for equality and fair labour practices that Huerta and Chavez led would be remembered as one of the defining moments of the 1960s.

But it was out of fear of denting the burgeoning civil rights movement that Huerta and other women say they stayed silent about Chavez’s abuse.

“I carried this secret for as long as I did because building the movement and securing farmworker rights was my life’s work,” Huerta said in her statement.

“I wasn’t going to let Cesar or anyone else get in the way. I channeled everything I had into advocating on behalf of millions of farmworkers and others who were suffering and deserved equal rights.”

Huerta explained that the first time she had sex with Chavez, she was “manipulated and pressured” into submitting to his advances while on a trip to San Juan Capistrano.

“I didn’t feel I could say no because he was someone that I admired, my boss and the leader of the movement I had already devoted years of my life to,” she said.

The second time, she said she was “forced, against my will”. The New York Times investigation includes a summary of what Huerta says happened: She was in a car that Chavez was driving when he parked in an isolated grape field and raped her.

Both instances resulted in pregnancies, which Huerta says she kept secret. The children were ultimately given to other families to raise.

“I had experienced abuse and sexual violence before, and I convinced myself these were incidents that I had to endure alone and in secret,” she said.

Her story was echoed by the accounts of other women featured in The New York Times investigation.

One of the interviewees, Ana Murguia, said she was 13 when a 45-year-old Chavez kissed her, took off her clothes and tried to have sex with her in his locked office.

He had known her since she was eight years old, and the abuse at his hands prompted her to attempt suicide.

Debra Rojas, meanwhile, was 12 years old when Chavez began groping her. She described being 15 when she was raped by him at a motel near Stockton, California.

A third woman, Esmeralda Lopez, said she was 19 when Chavez tried to pressure her to have sex with him while they were alone on a tour, offering to use his influence to get something named in her honour.

Lopez said she refused his advances, and her mother, a fellow activist, corroborated her account, based on conversations they had at the time.

The women explained that they grappled with whether to come forward and whether they would be believed, given Chavez’s rise to fame as a civil rights hero.

In response to the widening scandal on Wednesday, United Farm Workers — the group that emerged from the National Farm Workers Association — announced it would not participate in any events on Cesar Chavez Day, a federal commemoration that falls on the late leader’s birthday.

The group denied receiving any direct reports of abuse, but it pledged to create a pathway for reports to be submitted.

“Over the coming weeks, in partnership with experts in these kinds of processes, we are working to establish an external, confidential, independent channel for those who may have experienced harm caused by Cesar Chavez,” United Farm Workers wrote in a statement.

“These allegations have been profoundly shocking. We need some time to get this right, including to ensure robust, trauma-informed services are available to those who may need it.”

Lawmakers across the political spectrum, from Texas Governor Greg Abbott to New Mexico Representative Ben Ray Lujan, also called for Chavez’s name to be stripped from public buildings, roads and other places of honour.

Lujan called the revelations in Wednesday’s New York Times report “horrific” and a “betrayal of the values that Latino leaders have championed for generations”.

“His name should be removed from landmarks, institutions, and honors,” Lujan said of Chavez. “We cannot celebrate someone who carried out such disturbing harm.”

Huerta, meanwhile, said that, in the wake of the investigation, community advocacy was more important than ever.

“I have kept this secret long enough,” she wrote. “My silence ends here.”

The Israeli military has dropped charges against five soldiers, whose alleged sexual abuse of a Palestinian detainee was caught on camera. The video caused international outrage but also led to protests in support of the soldiers in Israel.