As much of the United States inches toward tolerance for cannabis, some parts of the country remain locked in the archaic war on a plant. In Texas, a 26-year-old mother has filed a federal lawsuit claiming that after she was arrested for possessing less than a half gram of marijuana, a Harris County jailer raped her.
Emma Lopez-Pound was driving in Katy, Texas, on March 1 when she was pulled over for speeding a few blocks from her home. The officer claimed he could smell marijuana in her vehicle, and she admitted she was in possession of it, explaining she uses it sporadically to treat a seizure disorder.
“I have seizures and I don’t even smoke very much,” she said, as recorded by the officer’s’ body cam footage of the incident, local ABC 13 reported. But the officer claimed she was in a school zone and the .48 grams she had in a grinder was too much. “Unfortunately, you’re going to jail today,” he told her, according to the video.
The ordeal worsened after she was transferred to the Harris County Jail.
“I was moved to a holding cell by myself,” Lopez-Brown told ABC 13, explaining that a few hours later the jailer came into the cell. “After he asked me to get up and put me up against the wall and handcuffed me, he pulled my pants down and pulled his pants down and I froze. I asked him not to do it. He said, ‘If I say anything, he would do it again, and I wouldn’t be able to say anything.’”
Though she called out to female officers for help, she says they told her to wait to be processed.
“The fact she reported this in the jail, and no procedures were followed to confirm or refute (what happened) — that’s egregious in itself,” Mike Edwards, Lopez’ attorney told the Houston Chronicle.
After she was released from jail, she went to a hospital, where hospital staff collected a rape kit and called a Harris County investigator.
Lopez-Brown’s federal lawsuit names the arresting officer, the City of Katy, Harris County Sheriff Ed Gonzales, his sheriff’s office and unnamed sheriff’s deputies. The civil rights suit claims she was the victim of “false arrest, excessive force, and intentional infliction of emotional distress,” the Chronicle reports. It also asserts she should not have been arrested in the first place as she was outside the school zone and should have been cited and released.
The Harris County Sheriff’s Department has acknowledged the alleged incident and lawsuit. According to a recent statement:
“The Harris County Sheriff’s Office is investigating an allegation that a female jail inmate was sexually assaulted by an employee inside the Harris County Jail in early March. Investigators have interviewed the victim, reviewed video recordings from inside the jail, and are taking all other necessary steps to ensure a thorough investigation is conducted. The investigation is ongoing, and no charges have been filed at this time. The Harris County Sheriff’s Office takes these allegations seriously, and we are committed to ensuring the safety and well-being of all inmates entrusted in our care.”
The sheriff also tweeted about the incident.
Nevertheless, Jason Spencer of the Harris County Sheriff’s Office confirmed that no charges have been filed and that there is not enough evidence to identify a suspect.
“Investigators have interviewed the victim, reviewed video recordings from inside the jail, and are taking all other necessary steps to ensure a thorough investigation is conducted,” he wrote in an email. “No charges have been filed at this time. The Harris County Sheriff’s Office takes these allegations seriously, and we are committed to ensuring the safety and well-being of all inmates entrusted to our care.”
Lopez’ attorney, Michael Edwards, said:
“There’s surveillance, there’s jail calls, there’s a number of elements that support Mrs. Lopez in her outcry in what happened to her.”
“I feel like when I look at my body, it’s not mine,” Lopez-Pound told the Houston Chronicle. “I don’t even like looking at me. … I feel like I’m losing my mind.” She is undergoing psychiatric treatment for the trauma, as well as taking medication to prevent the potential contraction of HIV.
A 2014 federal study found “the rate of sexual assault in the lockup at 1200 Baker St. was 7.6 percent, more than twice the national average, and the third-worst of 373 jails studied,” the Chronicle summarized, adding that a more recent investigation concluded the jail had improved its practices.
View the lawsuit here: https://www.documentcloud.org/documents/4452864-Emma-Lopez-Pound-complaint.html
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Now if a jail of all places has a higher rate of rape and/or sexual assault than one tenth the average of the general population, something is seriously wrong. I hope i dont have to point out that it is roughly the reverse.
Why even have jails if people commit crimes there anyways?
Good question. I also find it funny (or not) that jails are supposed to the most airtight statist institutions yet drugs make it through and the guards often are involved in crime there (between sexual assault, abusing inmates, and participating in the 'contraband' activities). There is certainly a role for prisons in a free society, namely for violent offenders, but the current system isn't really sustainable.
Yes. While i think we both have no problem with drugs, it does seem strange to take someone to prison with people taking heroin there for 0.48g of weed.
By the way, wouldnt happen in germany, at least we dont charge people for under 6gramm under any circumstance (as long as it is for personal use) in fact at least in rural areas, cops wouldnt go after a growing operation if they got wind of it as long as nobody filed a report which forces them to investigate.
Happened to my dad, appearently the owner of the neighbouring garden is an asshole, even then he wasnt charged for it(under the condition of donating some money to an organisation that helps addicts).
This is definitely not acceptable. the full weight of the law should be brought against that officer. It will serve as a deterrent to other officers in future who would have such perverted thoughts. I feel really sorry for the woman.
Yeah, unfortunately it seems to be a failing at all levels of government (again). I think the grossest part is that, if the claims are true, other officers stood around and did nothing, though the fact that someone can be arrested for what amounts to crumbs of weed is also pretty disturbing...not to mention the rape... yup, all around detestable. :(
Hmmmm.
Wow a wonderful report. Thanks for sharing. Pleaase keep us updated for more information.
this is a tragic horrible nightmare. arresting officer needs to be terminated. jail needs to be fully investigated and thoroughly reformed in a way such that this cnnot happen again. the particular "jailer" involved in this incident needs to be brought to trial for rape