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Concerns Rise Over U.S. Anti-Prison Rape Law’s Fate

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(Courtesy of spaulforrest.com)

(Courtesy of spaulforrest.com)

Rebecca Boone, ASSOCIATED PRESS

 

(AP)—When Congress passed a law in 2003 aimed at ending sexual assault in U.S. prisons, jails and juvenile detention centers, survivors like Jan Lastocy were hopeful that it would help solve the long-ignored problem.

Lastocy and a coalition of inmate advocacy groups and evangelical groups had worked for years to convince policymakers and corrections officials that rape behind bars shouldn’t be accepted, even if the public had little sympathy for its victims.

“I felt vindicated because I had been fighting so hard, and for so long, to bring attention to this issue and get justice for myself and for all survivors,” said Lastocy, who was repeatedly raped by a guard while serving time for embezzlement.

Now, some advocates worry that a proposal to reduce the law’s financial penalties will severely damage it. The measure failed last fall, but its sponsor, Sen. John Cornyn, R-Texas, vows to re-introduce it in the new GOP-controlled Congress.

Cornyn said the funds include grants for worthy programs, such as ones that support rape and domestic violence victims. He said the law should be more narrowly tailored to affect money for prison construction, operations and administration.

The proposal has put some prison rape survivors on the opposite side of those who survived sexual assault on the outside.

Nearly two dozen organizations, including prison industry groups and the Rape, Abuse and Incest National Network, have lauded Cornyn’s efforts, and say they trust prison officials to work vigorously at reducing rapes even without financial penalties.

“There’s no desire to do anything less than help victims,” said Rebecca O’Connor, RAINN’s vice president of public policy, adding that her organization just wants to make sure the law is applied in a way that doesn’t harm existing programs.

Advocates say the measure is the latest sign that the law’s implementation is too slow.

Federal statistics show about 216,000 adult and juvenile inmates are sexually assaulted each year, compared to 238,000 people living outside of correction facilities in the U.S.

Allen Beck, a statistician with the U.S. Department of Justice who researches the incidence of prison rape, said the biggest indicator of prisoner sexual assault is the culture of the facility, not the number of inmates or security cameras.

“Really it’s about how the facilities are managed, in terms of institutional culture,” Beck said.

When Lastocy stepped into Camp Branch, a minimum security women’s prison in Michigan, in 1998, she was facing as much as 10 years in prison for attempting to embezzle several thousand dollars from her employer, ABO Security.

As she adjusted to the discovery after her arrest that she had bipolar disorder, rape quickly became a fact of life.

Like many prison rape survivors, she feared that the guard who raped her could extend her prison stay by writing her false tickets for breaking prison rules if she reported him. He was later convicted of sexually assaulting several inmates, including Lastocy.

When she learned that she may have been his first victim, she felt guilt for not speaking up, said Lastocy, who now is an advocate for prison rape survivors.

The passage of the law, however, gave her hope that there would be fewer victims. But like other advocates, she’s been frustrated by the pace of change at correctional institutions throughout the country.

So far, seven states have opted out of the law, and stand to lose 5 percent in federal money that goes toward prisons. Two states — New Jersey and New Hampshire — say they are in compliance, and 41 others are working to meet the law’s requirements.

The law’s backers say Cornyn’s proposal would essentially gut the penalty because little, if any, federal grant money actually goes toward prison administration, operations and constructions. Those are funded by state and local governments.

To take the provision out “would totally obliterate the incentive states have to comply with” the law, said U.S. District Judge Reggie B. Walton, the chairman of the former National Prison Rape Elimination Commission.

The commission developed the law’s requirements, which range from increased training of staff about sex abuse policies to screening new inmates to determine if they’re likely to commit sexual assault or to be assaulted.

In Texas, which has six facilities among those nationally with the highest prevalence rate of sexual assaults, officials used nearly $2.6 million in federal money to install extra cameras in some facilities and develop a sexual assault awareness curriculum.

The state has since opted out, and faces an $800,000 loss in federal funding.

Jason Clark, a corrections spokesman, said a requirement to prevent guards from seeing inmates of the opposite sex naked in the showers or during strip searches wouldn’t work because 40 percent of the correctional officer workforce is female.

Many states have trained staffers and educated inmates about how to spot and report sexual assault.

Addressing sexual assault and caring for victims “decreases the likelihood of an offender becoming a victim again and committing a violent act once he or she returns to the community,” said Norah West, Washington state’s corrections spokeswoman.

For Lastocy, the trauma didn’t end when she left prison. She still has nightmares, 15 years later. “As much as I despise him, I don’t even wish my rapist would be raped while he is in prison, because nobody deserves it,” she said.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

2025 in Review: Seven Questions for Assemblymember Lori Wilson — Advocate for Equity, the Environment, and More

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified. 

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Assemblymember Lori D. Wilson (D-Suisun City). File photo.
Assemblymember Lori D. Wilson (D-Suisun City). File photo.

By Edward Henderson, California Black Media 

Assemblymember Lori D. Wilson (D-Suisun City) joined the California Legislature in 2022 after making history as Solano County’s first Black female mayor, bringing with her a track record of fiscal discipline, community investment, and inclusive leadership.

She represents the state’s 11th Assembly District, which spans Solano County and portions of Contra Costa and Sacramento Counties.

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified.

California Black Media spoke with Wilson about her successes and disappointments this year and her outlook for 2026.

What stands out as your most important achievement this year?

Getting SB 237 passed in the Assembly. I had the opportunity to co-lead a diverse workgroup of colleagues, spanning a wide range of ideological perspectives on environmental issues.

How did your leadership contribute to improving the lives of Black Californians this year?

The Black Caucus concentrated on the Road to Repair package and prioritized passing a crucial bill that remained incomplete during my time as chair, which establishes a process for identifying descendants of enslaved people for benefit eligibility.

What frustrated you the most this year?

The lack of progress made on getting Prop 4 funds allocated to socially disadvantaged farmers. This delay has real consequences. These farmers have been waiting for essential support that was promised. Watching the process stall, despite the clear need and clear intent of the voters, has been deeply frustrating and reinforces how much work remains to make our systems more responsive and equitable.

What inspired you the most this year?

The resilience of Californians persists despite the unprecedented attacks from the federal government. Watching people stay engaged, hopeful, and determined reminded me why this work matters and why we must continue to protect the rights of every community in our state.

What is one lesson you learned this year that will inform your decision-making next year?

As a legislator, I have the authority to demand answers to my questions — and accept nothing less. That clarity has strengthened my approach to oversight and accountability.

In one word, what is the biggest challenge Black Californians are facing currently?

Affordability and access to quality educational opportunities.

What is the goal you want to achieve most in 2026?

Advance my legislative agenda despite a complex budget environment. The needs across our communities are real, and even in a tight fiscal year, I’m committed to moving forward policies that strengthen safety, expand opportunity, and improve quality of life for the people I represent.

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Activism

2025 in Review: Seven Questions for Assemblymember Tina McKinnor, Champion of Reparations, Housing and Workers’ Rights

In 2025, McKinnor pushed forward legislation on renters’ protections, re-entry programs, reparations legislation, and efforts to support Inglewood Unified School District. She spoke with California Black Media about the past year and her work. Here are her responses.

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Assemblymember Tina McKinnor (D-Inglewood). File photo.
Assemblymember Tina McKinnor (D-Inglewood). File photo.

By Joe W. Bowers Jr., California Black Media 

Assemblymember Tina McKinnor (D-Inglewood) represents

California’s 61st Assembly District.

As a member of the California Legislative Black Caucus (CLBC),

McKinnor was elected in 2022. She chairs the Los Angeles County Legislative Delegation and leads the Assembly Public Employment and Retirement Committee. McKinnor also served as a civic engagement director, managed political campaigns, and worked as chief of staff for former Assemblymembers Steven Bradford and Autumn Burke.

In 2025, McKinnor pushed forward legislation on renters’ protections, re-entry programs, reparations legislation, and efforts to support Inglewood Unified School District. She spoke with California Black Media about the past year and her work. Here are her responses.

Looking back on 2025, what do you see as your biggest win?

Assembly Bill (AB) 628. If rent is $3,000, people should at least have a stove and a refrigerator. It’s ridiculous that people were renting without basic appliances.

I’m also proud that I was able to secure $8.4 million in the state budget for people coming home from incarceration. That includes the Homecoming Project, the menopause program for incarcerated women, and the Justice Leaders Program.

How did your leadership help make life better for Black Californians this year?

After the Eaton Fire, I pushed to get the same kind of support for affected areas that wealthier regions get after disasters.

I also did a lot of work building political power— establishing the Black Legacy PAC and California for All of Us PAC so we could support Black candidates and educate voters. We also called voters to make sure they understood Prop 50.

People need to understand this: there are only 12 Black legislators in the Capitol. Folks act like we can just walk in and pass reparations, but that’s not how it works.

What frustrated you most this year?

The governor did not have the political will to sign these bills: AB 57 and AB 62. They both passed overwhelmingly in the Assembly and the Senate. We did the work. The only person who didn’t have the political will to sign them was the governor.

The public needs to ask the governor why he didn’t sign the bills. We can’t keep letting people off the hook. He has to answer.

I also introduced AB 51 — the bill to eliminate interest payments on Inglewood Unified School District’s long-standing state loan — held in the Appropriations Committee. That was frustrating,

What inspired you most in 2025?

The civil rights trip to Alabama was life changing. We visited the Legacy Museum and the National Memorial for Peace and Justice. We took members of the Black, Latino, Jewish, and API caucuses with us. It changed all of us.

People aren’t always against us — they just don’t know our history.

What’s one lesson from 2025 that will shape how you approach decisions next year?

The legislative trip to Norway taught me that collaboration matters. Government, labor, and industry sit down together there. They don’t make villains. Everybody doesn’t get everything they want, but they solve problems.

What’s the biggest challenge facing Black Californians in one word?

Inequity. It shows up in housing, wealth, stress – all these things.

What’s the number one goal you want to accomplish in 2026?

Bringing back AB 57 and AB 62, and securing money for the Inglewood Unified loan interest forgiveness.

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Activism

2025 in Review: Seven Questions for Sen. Laura Richardson, Who Made Legislative History This Year

Before elected office, she served as a legislative staffer at the local, state, and federal levels and built a strong academic foundation, earning a political science degree from UCLA and an MBA from USC.

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Sen. Laura Richardson (D-San Pedro). File photo.
Sen. Laura Richardson (D-San Pedro). File photo.

By Edward Henderson, California Black Media 

Elected in November 2024 to represent California’s 35th Senate District, Sen. Laura Richardson (D-San Pedro) brings decades of experience to her role.

Before elected office, she served as a legislative staffer at the local, state, and federal levels and built a strong academic foundation, earning a political science degree from UCLA and an MBA from USC.

Richardson says she remains deeply committed to empowering residents, strengthening neighborhoods, and supporting the local economy.

For example, SB 748, a bill she authored that Gov. Newsom signed into law this year, allows cities to use existing homelessness funds to clear unsafe RV encampments, and another measure aimed at expanding provider access for Medi-Cal patients.

California Black Media (CBM) spoke with Richardson about her successes and disappointments over the past year and her plans for 2026.

What stands out as your most important achievement this year?

Being number one in getting the most bills signed by a freshman senator. Our team and staff were able to effectively move legislation through committees in both the Senate and Assembly and gain the governor’s support.

How did your leadership contribute to improving the lives of Black Californians?

Securing overall agency support from the governor to begin the work of understanding and documenting descendants of slavery. The discussion around “40 acres and a mule” will be ongoing for many years, but moving forward with creating an agency—although not fully funded—was significant. They were baby steps, but they were steps.

What frustrated you the most this year?

The administration. Even though federal and state roles differ, California has its own values and priorities. When the federal government makes cuts that impact Californians, the state legislature feels the need to backfill to protect people. It was challenging and frustrating.

What inspired you the most this year?

SB 237, which I was a joint principal author on, inspired me. It dealt with fuel stability. Two refineries closed, and several others are barely hanging on. Even as we work toward zero emissions, we still need a certain amount of fuel. SB 237 opened up some of the fuel potential in Kern County, and there’s a pipeline from Kern County down to my district.

What is one lesson you learned this year that will inform your decision-making next year?

Engage the governor’s staff earlier. I’m going to push to involve the governor’s legislative staff sooner.

In one word, what is the biggest challenge Black Californians are facing right now?

Affordability. No matter how much you make, everything is more expensive—gas, groceries, insurance, mortgages. Costs keep rising while salaries don’t.

What is the goal you want to achieve most in 2026?

Creating a process for dealing with abandoned cemeteries.

The last piece—not specific to this year but building toward the future—is figuring out how people and businesses in the district and in California can participate in major events like the Olympics, FIFA, and the Super Bowl, all of which are taking place here.

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