Arizona AG’s Office: Raped Teacher Should Have Known Better

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The Arizona Attorney General’s Office is blaming the victim of a brutal rape. The AG’s office is requesting the dismissal of a lawsuit filed by a teacher who was brutally assaulted and raped after she was left in an unguarded prison classroom with a convicted sex offender.

Jonathan Weisbard

For realsies.

“Plaintiff is an ADOC (Arizona Department of Corrections) employee who routinely worked at the prison complex,” Assistant Attorney General Jonathan Weisbard wrote in his motion to dismiss. “By being placed in a classroom at the complex, the officers were not placing Plaintiff in any type of situation that she would not normally face. The risk of harm, including assault, always existed at a prison like Eyman.”

You see, it’s all her fault. Totally.

AZ Central reports:

The woman, who works for DOC as a teacher, was scheduled to give a GED exam to seven sex offenders housed at the Arizona State Prison Complex-Eyman on Jan. 20, 2014.

Normally, such tests are given in the visitation room, which is monitored by security cameras and corrections officers. But on that day, because of a special event, she was sent to an unmonitored classroom, handed a radio and told to use it if there was any trouble, her lawsuit says.

The test lasted 90 minutes during which not a single corrections officer checked on her or radioed to ask if everything was OK. As they finished, six inmates left, returning unescorted to their dorm. One, Jacob Harvey, lingered.

According to the lawsuit, the 20-year-old inmate grabbed her from behind and took her to the ground as she struggled. He then stabbed her repeatedly in the head with a pen, choked her, slammed her head into the floor, tore away her clothes and raped her, the lawsuit says.

The teacher told investigators she screamed for help, but no one came. After the attack, Harvey tried to use her radio to call for help but it was tuned to a channel the guards didn’t even use. Eventually, Harvey allowed her to phone for help.

“As a result of the brutal rape and assault, (the woman) suffered physical injuries, great fear for her life and well-being and severe and traumatic emotional distress with which she continues to struggle to this day,” her attorney, Scott Zwillinger, wrote.

Less than a year before this incident, Harvey was sentenced to nearly 30 years after a daytime home invasion in which he beat and raped a woman in front of her toddler.

Still yet, he was classified as ‘medium security’, which enabled him to be in her classroom.



Weisbard wrote that the teacher cannot prove that corrections officials knew she was being put into a dangerous situation.

“Plaintiff wants to create an artificial impression that the ADOC officers knew she was in danger but she did not know,” he wrote. “It makes no sense. Of course, if Plaintiff did appreciate the danger of her situation, as an employee, she could have done something about it.”

Which part of ‘room full of sex offenders’ does Weisbard not understand? Again, he raped and beat a woman in front of her toddler. That’s why he’s in prison. Prison is that place which houses criminals.

U.S. District Court Judge Susan Bolton will determine whether to dismiss the case or not. Yes, the judge is a woman. I hope he gets mocked in court.

It’s like this guy thinks he’s in Congress or something.

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H/T: The incomparable @CarlaAkins with thanks.

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